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  Term limits on Bradenton Beach ballot, again

Term limits on Bradenton Beach ballot, again

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – With mail voting now underway, Bradenton Beach voters have begun deciding the fate of five proposed amendments to the city charter.

The five charter amendment questions that appear on the Bradenton Beach ballot were proposed and supported by the majority of the city commission-appointed charter review committee and supported unanimously by the city commission.

The decisions made by Bradenton Beach voters regarding term limits and the filling of commission vacancies will impact the configuration of the Bradenton Beach City Commission for years to come.

The general election concludes with in-person voting on Tuesday, Nov. 8.

Forfeiture of office

Ballot question 1 pertains to the forfeiture of office provisions that apply to the city’s elected officials and reads as follows: “Currently the city charter vests authority in three arbitrators to hold forfeiture of office proceedings against an elected official with costs to be borne by the city. Should the city revise its charter to eliminate the three arbitrator-panel procedure and replace it with the former forfeiture provision utilizing the city commission to conduct the proceedings?”

Voter approval of this proposed amendment would eliminate the current charter requirement that requires a three-person arbitration panel in order to initiate the process of removing an elected mayor or commissioner from office before their term expires. Approval of this proposed amendment would allow the city commission to initiate forfeiture of office proceedings on its own.

Commission vacancies

Ballot question 2 pertains to the filling of commission vacancies and reads as follows: “The current city charter requires a ward commissioner to reside in the ward they represent. Should the city amend its charter to establish a procedure to temporarily fill the ward seat for one term with an at-large commissioner if no ward resident is available or willing to run for office?”

Approval of this proposed amendment would allow the commission to fill a vacant commission seat with a qualified candidate who resides in any area of Bradenton Beach. The charter currently requires the appointee to live in the specific commission ward for which the commission vacancy exists.

This proposed amendment could come into play if incumbent Commissioner Marilyn Maro’s commission seat is to be vacated in November because city voters again vote to retain term limits. This matter is addressed in ballot question 4.

Ballot question 3 pertains to the length of a commission vacancy that can be filled by commission appointment rather than a special election.

Ballot question 3 reads as follows: “The current city charter requires the city to provide a special election to fill a vacancy that results in more than six months from a resignation required by Section 99.012, Florida Statues. Should the charter be amended to allow for all vacancies to be appointed by the city commission?”

Voter approval of this proposed charter amendment would eliminate the current charter provision that requires a special election to fill any commission seat to be vacated for more than six months. This would allow the city commission to fill all vacant commission seats by appointment rather than allowing the city’s registered voters to make that decision in a special election.

Term limits

Ballot question 4 may be the most significant charter amendment question to be decided by Bradenton Beach voters. It pertains to the qualifications and terms of elected office and reads as follows: “Should the city amend its charter to remove term limits and maintain two-year terms for all elected positions with an effective date of June 16, 2022, in order to allow currently seated elected officials the ability to run for office, if otherwise termed out?”

Although she’s currently running unopposed as the Ward 2 commissioner, Maro is scheduled to term limit out of office in November after serving three consecutive two-year terms in office. Mayor John Chappie and Commissioner Jake Spooner are currently scheduled to term limit out of office in November 2023. Incumbent Ward 4 commissioner Ralph Cole is also running unopposed this year and at some point, in or after 2024, he too would term limit out of office if term limits are retained.

Voter approval of the proposed term limit amendment would allow Maro to serve another two-year term and would allow Chappie and Spooner to seek reelection in 2023 if they so desire. If city voters reject this proposed charter amendment, Maro would leave office in November and that vacant seat would be filled by commission appointment or a special election, depending on the outcome of ballot question 2.

In recent years, Bradenton Beach voters have twice, by close margins, supported the retention of the city’s term limits.

Employee benefits

Ballot question 5 is logistical in nature and pertains to commission actions that require a city ordinance. Ballot question 5 reads as follows: “Currently the city charter sets forth actions requiring an ordinance. Should the city amend the charter to remove employee personnel benefits and procedures from this section and require actions of the city regarding employee personnel benefits and procedures to be adopted in a public meeting through a resolution of the commission?”

Voter approval of this proposed amendment would have minimal impact on city residents and city operations and would simply streamline the manner in which employee benefits and employee procedures are addressed.

Vote by mail

Hurricane Ian slightly delayed the mailing of the vote-by-mail ballots sent to county voters who previously requested them, according to Sharon Stief, chief deputy for the Manatee County Supervisor of Elections Office.

“Vote by Mail ballots for the Nov. 8 general election were mailed out on Monday, Oct. 3. We had originally planned to mail them on Friday, Sept. 30. We had no hurricane impacts regarding our early voting and/or polling locations,” Stief told The Sun.

According to Stief, 356 vote-by-mail ballots were mailed to Anna Maria voters, 297 ballots were mailed to Bradenton Beach voters and 1,147 ballots were mailed to Holmes Beach voters.

Face coverings remain mandatory in Bradenton Beach

Face coverings remain mandatory in Bradenton Beach

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH –  After a tie vote by the Bradenton Beach City Commission, face coverings remain mandatory inside Bradenton Beach businesses in accordance with Manatee County’s mandatory face-covering resolution.

Thursday evening, city commission members voted 2-2 on a proposed city ordinance that would have made face coverings optional but mandated that businesses post signs recommending face coverings.

The tie vote resulted in the proposed ordinance not being adopted, leaving the city still subject to the county face-covering resolution adopted by a 4-3 vote of the Manatee County Commission on July 27.

According to the county resolution, “An individual in a business establishment must wear a face covering.”

The county resolution includes exemptions for those who can maintain 6 feet or more of social distance inside a business, for children under 6 and for those with breathing issues or pre-existing medical conditions.

The county resolution does not apply in cities that adopted local face-covering mandates, including Anna Maria and Holmes Beach.

The county resolution is now being challenged in court by Pastor Joel Tillis and State Rep. Anthony Sabatini (R-Lake County).

The proposed Bradenton Beach emergency ordinance was modeled after the emergency ordinance adopted by the Bradenton City Council on July 15.

Bradenton Beach Mayor John Chappie and Commissioner Marilyn Maro supported the adoption of the proposed emergency city ordinance, which would have resulted in the city essentially opting out of the county’s face-covering mandate because the city ordinance would have superseded it.

Commissioners Jan Vosburgh and Jake Spooner opposed the city ordinance and chose instead to stay in line with the county resolution.

Commissioner Ralph Cole previously expressed opposition to the county resolution, but he was unable to attend Thursday’s meeting due to a family emergency.

Chappie was the only commission member who attended Thursday’s meeting in person. Maro, Spooner and Vosburgh participated remotely, as did City Attorney Ricinda Perry.

Proposed ordinance

Two days earlier, during the Tuesday, Aug. 4 emergency special commission meeting, the commission, minus Vosburgh, who was absent, directed Perry to draft an emergency ordinance modeled after the city of Bradenton’s emergency ordinance.

During Tuesday’s meeting, Perry said he had legal concerns about the county resolution and questioned its constitutionality.

Modeled after the Bradenton ordinance, the proposed Bradenton Beach ordinance presented Thursday evening said, “Each business establishment shall post a sign visible at each public point of entry, which sign shall either advise persons entering that face coverings are required or requested to be worn within the business establishment; or notify persons entering that the United States Center for Disease Control and Prevention recommends the wearing of face coverings in public, particularly where social distancing cannot be maintained.”

Perry inserted additional language that said, “Notice shall also be provided that states that individuals with a religious, physical or mental limitation preventing them from wearing a face covering are exempt.”

Using language contained in the Bradenton ordinance, the proposed ordinance said, “The legislative intent of this ordinance is to educate and encourage members of the public to wear face coverings within enclosed business establishments. Nothing contained herein shall be construed to mandate the wearing of face coverings nor require the owner or operator of any business establishment to mandate or otherwise enforce the wearing of face coverings.”

Commission discussion

“Its purpose and intent is to do the least intrusive means that has not been legally challenged,” Perry said of the proposed ordinance.

She noted the Manatee County Sheriff’s Office and the local law enforcement agencies are responsible for enforcing the county resolution.

County face covering resolution remains in effect in Bradenton Beach
City Attorney Ricinda Perry has legal concerns regrading the county resolution. – Joe Hendricks | Sun

“The Bradenton ordinance takes that onus off the police officer and places it on those who are engaging in business. They need to be the ones who are policing the masks. It’s a bit of a friendlier approach towards the mask policy, as opposed to the Manatee County mandate,” Perry said.

“It’s mandating that businesses place mask notices on all of their locations, but it allows the business owner to decide whether or not they want to make that a mandate of their store or not,” Perry clarified in response to a question posed during public input.

Vosburgh referenced the 4-1 commission consensus reached during the commission’s emergency meeting on July 28. With Cole in opposition, the majority consensus reached that day was to not take any action and remain under the umbrella of the county resolution.

“Frankly, I was very surprised we put this on the agenda because we just voted on this a week ago. With what’s going on in Bradenton Beach, I reluctantly have to vote again to go along with the county,” Vosburgh said.

Spooner asked Lt. John Cosby if the city’s police officers had encountered any problems or confrontations since the county resolution took effect.

“No, we haven’t had any reported problems up to this point,” Cosby replied.

“I’d like to just stay in line with the county if there hasn’t been any problems with enforcement,” Spooner said. “I don’t want to have the businesses and their employees get in confrontations with people. Right now, it’s real easy for the employees to say, ‘It’s the law,’ and that kind of ends any confrontation.”

County face covering resolution remains in effect in Bradenton Beach
Bradenton Beach Mayor John Chappie supported the proposed city ordinance. – Joe Hendricks | Sun

Chappie then made his motion to adopt the proposed city ordinance. After the tie vote occurred, Perry said the commission could continue the matter until next week, when Cole would be present to serve as the tie-breaker. Chappie made that motion and Maro seconded it, but Vosburgh and Spooner opposed the continuation and the motion failed as the result of another 2-2 vote.

The county resolution can be viewed and downloaded at the county website.

Related coverage:

 

Bradenton Beach may opt out of county face covering resolution

 

Pastor and state representative challenge county mask mandate

 

County commission adopts mandatory mask resolution

 

Bradenton Beach to opt out of county face covering resolution

Bradenton Beach may opt out of county face covering resolution

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – The Bradenton Beach City Commission has directed City Attorney Ricinda Perry to draft an emergency face-covering sign ordinance that would allow the city to opt out of the Manatee County face-covering resolution now being challenged in court.

The commission issued this directive during this morning’s weekly emergency special city commission meeting. The emergency ordinance will be presented for commission approval during the commission’s regular meeting on Thursday, Aug. 6, which starts at 6 p.m.

Soon after the emergency meeting concluded, Perry emailed the mayor and commissioners copies of the emergency ordinance to be voted on Thursday.

Using the same language as the Bradenton ordinance, the Bradenton Beach ordinance says, “Each business establishment shall post a sign visible at each public point of entry, which sign shall either advise persons entering that face coverings are required or requested to be worn within the business establishment; or notify persons entering that the United States Center for Disease Control and Prevention recommends the wearing of face coverings in public, particularly where social distancing cannot be maintained.”

Perry inserted additional language that says, “Notice shall also be provided that states that individuals with a religious, physical or mental limitation preventing them from wearing a face covering are exempt.”

Bradenton Beach to opt out of county face covering resolution
This face-covering sign can be downloaded at the city of Bradenton’s website. – City of Bradenton | Submitted

Using the same language as the Bradenton ordinance, the Bradenton Beach ordinance also says, “The legislative intent of this ordinance is to educate and encourage members of the public to wear face coverings within enclosed business establishments. Nothing contained herein shall be construed to mandate the wearing of face coverings nor require the owner or operator of any business establishment to mandate or otherwise enforce the wearing of face coverings.

Bradenton Beach to opt out of county face covering resolution
The city of Bradenton makes this downloadable sign available to business owners. – City of Bradenton | Submitted

According to Perry, the city ordinance would take effect Friday if adopted.

Under the county resolution – which states, “An individual in a business establishment must wear a face covering,” – Bradenton Beach business owners, employees and patrons are required to wear masks in businesses because the city has no official policy on the matter and the city lies within the county. However, if the city ordinance is adopted Thursday evening, the county resolution will not apply and masks will become optional within the Bradenton Beach city limits.

The county resolution provides exceptions for those who can maintain 6 feet or more of social distancing inside a business, for children under 6 years old and for those with breathing issues or pre-existing medical conditions.

A first offense of the county resolution warrants a written warning. The second offense could result in a $50 fine, with a $125 fine for a third offense and a $250 fine for subsequent offenses.

Commission discussion

Mayor John Chappie initiated Tuesday morning’s discussion about adopting an ordinance based on the Bradenton ordinance. He noted the county resolution is being challenged in court and he said he spoke with Perry on Monday about possibly opting out of the county requirements.

“Since we had no resolution on the record, we are automatically part of the umbrella resolution the county has adopted. I know a lot of people are really happy with the resolution the city of Bradenton has done, which has basically accomplished the same thing,” Chappie said.

He then asked Perry to share her thoughts.

“As far as the county resolution goes, I already had a number of legal concerns,” Perry said.

Perry said Chief Assistant County Attorney Bill Clague solicited insight from the city attorneys within Manatee County on Friday afternoon before the resolution was presented to county commissioners on Monday, July 27. The divided county commission then adopted the resolution by a 4-3 vote.

“I stated that I had objections with the fact that the county was usurping the authority of the city and acting as a charter county. We are not a charter county. The cities should not have been part of that process and it concerned me for future precedent,” Perry said.

“I also had concerns with due process in that particular resolution. The resolution itself did not provide for any appeal. The issue of due process is still outstanding in my mind. You need to be able to appeal a penalty that is filed against you and there’s just no mechanism to do that. That is a violation of your procedural due process in my opinion,” Perry said.

Perry said she reached out to Bradenton City Attorney Scott Rudacille and he provided her with a copy of Bradenton Emergency Ordinance 3067.

“As the mayor articulated, it gets you to the same place the county is, but it’s a document that’s not being challenged in court. If that challenge is successful, that resolution goes away and there is absolutely nothing on the books,” Perry said.

Bradenton Beach Police Lt. John Cosby mentioned a previous discussion he and Chappie had about the Bradenton ordinance.

“The discussion you and I had was that if we ever did choose to adopt an ordinance that would be the one to go with, because it does achieve every goal they’re trying to get to, but it does it in a more educational way and a friendlier way than what we’re currently doing,” Cosby said.

Commissioner Jake Spooner asked Perry to provide a quick summary of the differences between the county resolution and the Bradenton ordinance.

“The city of Bradenton’s mechanism for encouraging enforcement is much friendlier and it encourages compliance. It’s not a mandate to the citizenry to put masks on their face. It’s a mandate to the business community that any business must post a sign at their business location encouraging the use of masks. If you fail to post a sign you can be penalized, and that’s where it stops. It encourages compliance, with businesses being a partner in educating the public, as opposed to using police officers to go around and confront individuals in the public and fining them,” Perry said.

Related coverage:

 

Pastor and state representative challenge county mask mandate

 

County commission adopts mandatory mask resolution

Randy White says he will not seek re-election

Randy White says he will not seek re-election

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

Updated Aug. 18, 2019 – BRADENTON BEACH – When informed that former City Commissioner Jan Vosburgh plans to challenge him for his Ward 3 commission seat, Commissioner Randy White said today he will not seek re-election.

“With reconsideration, I am withdrawing my candidacy for city commission. I recognize my inability to schedule my physical attendance at short-notice special meetings,” White stated in a text message he sent to The Sun.

White has missed several recent city meetings and in the past six months has participated in many meetings by phone.

White said personal considerations also factored into his decision. His wife is a Canadian citizen who lives in Toronto.

“It is the responsibility for all candidates to commit that they will be physically able to serve the residents. I appreciated the opportunity to be your commissioner and encourage others to run,” White said in his text message.

Last week, Vosburgh and White filed their preliminary paperwork with the Manatee County Supervisor of Elections Office. The preliminary forms name the candidates’ campaign treasurers and state they understand the requirements placed on them by Chapter 106 of the Florida Statutes.

Vosburgh served 6½ years as a Bradenton Beach commissioner before she term-limited out of office in 2016.

Randy White says he will not seek reelection
Former commissioner Jan Vosburgh seeks a return to the Bradenton Beach commission. – Joe Hendricks | Sun

“I’m proud of my past accomplishments as a commissioner. The city is running well under Mayor John Chappie and I want to be part of the work that still needs to be done. If elected, I will be devoted to serving our citizens and the city,” Vosburgh said.

Ward reconfiguration

White is serving the second year of his inaugural two-year term in office. He took office in 2017 after defeating incumbent commissioner Ralph Cole in the Ward 3 race.

In 2017, city voters also eliminated the city’s geographically-based commission wards and Cole was later appointed to fill the commission seat Chappie vacated after he won the mayor’s race in that same election cycle.

In 2018, Cole and Marilyn Maro were elected as at-large commissioners. That year, city voters also restored the commission wards in support of a charter amendment proposed by the charter review committee.

Earlier this year, when the city commission established the ward boundaries that now apply to the 2019 elections, the boundaries were changed in a manner that left White in Ward 3 and placed Cole in Ward 4.

Due to the 2017 elimination of wards and the 2018 restoration of wards, White would not have been eligible to run in 2019 had those boundaries not been changed. Ward 3 now encompasses the entire area between the south side of the Cortez Bridge and the southern city limits at the Longboat Pass Bridge.

The southern boundary of Ward 4 is now the north side of the Cortez Bridge. In 2020, Cole will be eligible to run for election as the Ward 4 commissioner if he wishes.

Other races

As of today, no additional candidates had filed preliminary paperwork to run against Chappie in the mayor’s race or Commissioner Jake Spooner in the Ward 1 commissioner’s race.

Bradenton Beach’s week-long candidate qualifying period begins at noon on Monday, Aug. 26 and ends at noon on Friday, Aug. 30.

For more qualifying information, visit the Manatee County Supervisor of Elections website or call the city clerk’s office at 941-778-6311.

Bradenton Beach commission goals 2019

Commission discusses its 2019 goals

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – During the Bradenton Beach City Commission’s first meeting of the year, Mayor John Chappie mentioned several items he and the commission hope to address in 2019.

Commissioner and Community Redevelopment Agency (CRA) Chair Ralph Cole mentioned several CRA projects and Vice Mayor Marilyn Maro wants to improve a city park.

During the Thursday, Jan. 3, meeting, Chappie suggested additional commission work meeting discussion on the 2018 decisions to increase swimming pool setbacks to 10 feet and to count pools as impervious (non-draining) surfaces when calculating the 40 percent maximum lot coverage allowed by city code.

Commissioners Jake Spooner and Ralph Cole opposed the commission majority’s impervious pool decision, and Spooner opposed the increased pool setbacks. Spooner fears the increased pool restrictions make it difficult for residents to add a pool to an existing home.

In August, developer Kevin McNamara told the commission that the increased pool restrictions are preventing him from installing pools at two homes he built on Seventh Street South.

Chappie also feels work meeting discussion is needed regarding the email notification process for the renewal of the mandatory Transient Public Lodging Establishment (TPLE) vacation rental licenses adopted in 2017. He noted that some property owners don’t use email.

Additionally, he suggested work meeting discussion on Spooner’s previous requests to exempt owner-occupied vacation rentals from the TPLE requirements, which Cole also supports. Spooner believes onsite owners prevent their guests from violating the city’s noise, occupancy, parking and trash ordinances and regulations.

Chappie said work meetings allow for more in-depth discussion on specific agenda items. They also allow the commission to issue requests and directives to city staff before final decision occurs at regular commission meetings.

Chappie said City Engineer Lynn Burnett is working with the Florida Department of Transportation on a potential project that could result in new Gulf Drive sidewalks being built atop stormwater infiltration trenches.

Chappie wants to renew previous City Commissions’ efforts to install a sidewalk along the west side of Gulf Drive between Cortez Road and the Gulf Drive Cafe. He also wants a welcome sign installed at that entrance to the city.

Cole said undergrounding the utility lines on the west side of Gulf Drive would create room for wider sidewalks, and he stressed the need to complete the previously-approved CRA-funded undergrounding of the utility lines on Bridge Street and a small section of Gulf Drive.

Cole mentioned the previously-approved, CRA-funded creation of a living shoreline and clam beds near the Bridge Street Pier, and he encouraged his fellow members to focus on first-things-first and to complete one project at a time.

Chappie suggested additional CRA discussion on the potential dinghy dock and finger dock options recently presented by architectural designer Emily Anne Smith and completing the previously-approved and funded installation of a boat lift at the pier for the police boat.

Chappie wants the commission to make some decisions regarding the potential flood-proofing and storm-hardening of city hall and other city-owned buildings because the city’s flood insurance premiums are increasing significantly.

He also mentioned possibly naming the city-owned alleys, getting a historic marker placed on the pier and addressing the delays stalling the renovation of the former Freckled Fin building and the owners’ plans to reopen it as 101 Bridge Street.

Vice Mayor Marilyn Maro wants to work with the Scenic WAVES Committee to make additional improvements to Katie Pierola Park.

Spooner said later that he was impressed by Chappie and Cole’s ambitious goals.

Related Coverage

Bradenton Beach year in review

Bradenton beach swearing in Cole

Cole and Maro sworn in

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – As a result of their successful re-election bids, incumbent City Commissioners Ralph Cole and Marilyn Maro were sworn into their new two-year commissioner terms on Monday, Nov. 19.

Bradenton Beach swearing in Maro
City Commissioner Marilyn Maro recites the oath of office to City Clerk Terri Sanclemente. – Joe Hendricks | Sun

Cole and Maro were the top two vote-getters in the recent at-large city election that also included candidates Tjet Martin and John Metz.

For the next year at least, Cole and Maro will serve with Mayor John Chappie and commissioners Jake Spooner and Randy White, whose current terms expire in November 2019.

Led by City Clerk Terri Sanclemente, the swearing-in ceremonies took place at 1 p.m. at city hall.

Cole and Maro were both asked to take the oath of office that said, “I do solemnly swear or affirm that I will support, protect and defend the Constitution and government of the United States and of the state of Florida; that I am duly qualified to hold office under the Constitution of the State and the Charter of the city of Bradenton Beach; and that I will well and faithfully perform the duties of the position which I am about to enter.”

Cole and Maro also took the recipient of public funds oath that said, “I, Ralph Cole/Marilyn Maro, a citizen of the state of Florida and of the United States of America, and being employed as an officer of the city of Bradenton Beach, Florida, and a recipient of public funds as such employee or officer, do hereby solemnly swear that I will support the Constitution of the United States and of the State of Florida.”

Because of the mandatory statewide election recount process that concluded in Manatee County late Friday afternoon, Supervisor of Elections Mike Bennett and the election canvassing board could not certify the county election results until Sunday morning.

On Sunday morning, City Clerk Terri Sanclemente received via email from the elections office the certificate of county canvassing notice. Sunday’s certification allowed Monday’s swearing-in ceremony to proceed as scheduled.

When contacted Friday evening, Bennett said the only change in the voting results were two additional votes cast in favor of U.S. Senate candidate Bill Nelson. Bennett said the county recount produced no changes to the outcomes of any of the races or ballot initiatives Manatee County voters voted on.

Related coverage

Cole, Maro retain Bradenton Beach commission seats

Cole leads fundraising in Bradenton Beach commission race

Property taxes become campaign talking points

Bradenton Beach commissioner deposed

Commissioner deposed regarding Sunshine lawsuit

Written by Joe Hendricks on . Posted in First Place, Special Sections.

BRADENTON BEACH – City Commissioner Randy White has been deposed as part of the discovery process for the city-initiated 2017 lawsuit that alleges six city advisory board members violated the Sunshine Law.

White is not a defendant in the lawsuit and has not been accused of any wrong-doing in connection with the lawsuit filed before he took office in November 2017. White was the first non-defendant to be deposed in this lawsuit.

First Place

First Amendment Defense

Jon A. Roosenraad Award

2019

Representing the city of Bradenton Beach and co-plaintiff Jack Clarke, attorney Robert Watrous told White the Wednesday, Nov. 14, deposition would pertain only to events that transpired before he became a city commissioner. Paralegal Michael Barfield assisted Watrous with the deposition.

White was represented by attorney Hunter Norton. The deposition took place in the conference room at the Vincent M. Lucente & Associates court reporting services building in Bradenton.

Clarke attended the deposition. So did defendant Reed Mapes and his attorney, Jim Dye; defendant John Metz and his attorney, Thomas Shults; and defendants Tjet Martin, Patty Shay, Bill Vincent and Rose Vincent. All six defendants are former city advisory board members and former members of the now-defunct Concerned Neighbors of Bradenton Beach (CNOBB) political action committee.

Former Bradenton Beach Mayor Bill Shearon and former city commissioner and CNOBB member Janie Robertson also attended the deposition.

The 2017 civil lawsuit alleges four Planning and Zoning Board members and two Scenic WAVES Committee members violated the Sunshine Law by discussing past and potential board business – including a prohibition on parking garages – via private email exchanges and during CNOBB meetings that were not properly-noticed city meetings.

The questions Watrous posed, the answers given and the documents reviewed during the deposition did not indicate any wrong-doing by White.

During the deposition, White confirmed that the handwritten notes he previously turned over to the city clerk’s office in June were written by him. City Attorney Ricinda Perry requested the notes White had on the dais with him during a commission meeting discussion regarding payment of an invoice from Watrous and a same-day discussion about four charter amendments proposed by Mapes, Metz and their Keep Our Residential Neighborhoods (KORN) political action committee.

White has been the only commissioner to oppose payments to Watrous and the only commissioner to support KORN’s unsuccessful request to have its proposed charter amendments placed on the ballot for the recent city elections.

White said the notes he turned over in June were all written by him during his campaign and before he was elected.

Watrous asked White about his handwritten note that said, “Can I talk about CNOBB meetings and state for the record that you guys did not break any Sunshine laws that I witnessed in CNOBB meeting?”

White said that note was written in preparation for a candidate’s debate and as a response to a potential media questions.

“If it comes up, I will state for the record I personally believe they didn’t break any laws,” White said.

Watrous asked White if any concerns about Sunshine Law compliance were voiced at the CNOBB meetings he attended.

“The Sunshine Law was spoke of at the beginning of a meeting. I don’t think there was concern whether it was followed or not. I guess it was assumed it was followed. I didn’t know anything about it, I was just ‘John Q Public’ who showed up at these things,” White said.

Watrous asked White if he recalled any discussion about parking garages during CNOBB meetings.

“Yes, it was brought up,” White said.

White’s two-hour deposition and the emails received from him and others as part of the pre-trial discovery process also shed light on White’s relationships with the defendants, CNOBB and the support he received from them during his 2017 campaign.

“CNOBB was founded by people I know very well, people I’ve known for years,” White said.

He then acknowledged that some of those people were currently sitting in the conference room.

“It kind of started with Mayor Shearon and then I met the Vincents and went from there,” White said.

Related coverage

Sunshine lawsuit depositions continue

Mapes and Martin deposed in Sunshine lawsuit

Press conference sheds light on Sunshine lawsuit

Bradenton Beach Avenue C contract

Avenue C projects approved

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – City Commissioners have authorized a $302,626 contract with Westra Construction to expedite drainage improvements and rights of way and driveway restorations along Avenue C.

Minus Commissioner Randy White, who was absent, the commission unanimously approved three separate motions that will fast-track by nearly a year the Avenue C improvements.

During its Thursday, Oct. 18 meeting, the commission agreed to un-restrict $400,000 of the restricted $450,000 pier fund that had previously been set aside to self-insure the now-insured historic Bridge Street Pier.

The commission then approved the contract with Westra – the same firm that’s been working on Avenue C for much of 2018 as part of Manatee County’s force main replacement project. The release of the pier funds will provide the funds needed to do the project in fiscal year 2018-19 instead of fiscal year 2019-20. The required budget amendments needed for accounting purposes were also approved.

City Engineer Lynn Burnett said Southwest Florida Water Management District will reimburse the city $70,000 in the current fiscal year and $70,000 in the following fiscal year for the stormwater portions of the project.

The drainage improvements will include the installation of vertical infiltration trenches designed to reduce flooding by creating more space to store rainwater while it percolates downward into the freshwater aquifer.

Unlike previous infiltration trenches installed in Bradenton Beach and elsewhere on the Island, the Avenue C trenches will be filled with 57 stone, but then topped with a honeycombed, heavy-duty plastic eco-grid than can be filled with 89 stone, 250 shell mix or topped with sod, grass, brick pavers or other surface materials. Burnett told the commission the white lime rock 57 stone used for previous stormwater projects will not be visible when the work is done.

The contract also calls for Westra to restore to their previous condition the Avenue C driveway ends that they tore up during the force main replacement project.

The contract with Westra states the entire project must be completed by March 25, and Westra will be charged $1,000 for each business day after that if the project runs long. Burnett told the commission she is hopeful the project will be completed well before the contracted completion date.

The commission also authorized Burnett to provide $50,438 in design and engineering services for the Avenue C projects. That money will come from the $70,625 currently budgeted for those services.

The stormwater and drainage improvements will include the installation of more WaStop check valves that will help prevent tidal waters from flowing back into the drainage outfall pipes. And at the request of the commission, Avenue C will be graded and paved in a manner that ensures the proper flow of rainwater to the outfall pipes that empty into Sarasota Bay.

The first large-scale use of eco-grid in Bradenton Beach will also serve as a test case for stormwater and drainage projects to be planned next for Avenue B.

Related coverage

Avenue C restoration accelerated

Martin Campaign Violation

Commission candidate omits required disclaimer

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – Bradenton Beach City Commission candidate Tjet Martin recently mailed a campaign letter to 246 city voters that does not include a political disclaimer required by state law.

Martin self-reported the potential campaign violation and is now trying to rectify the matter.

According to Florida Statute 106.143: “Any political advertisement that is paid for by a candidate, except a write-in candidate, and that is published, displayed, or circulated before or on the day of any election must prominently state ‘Political advertisement paid for and approved by (name of candidate), (party affiliation), for (office sought)’ or ‘Paid by (name of candidate), (party affiliation), for (office sought).’”

State law also says, “Any person who willfully violates any provision of this section is subject to the civil penalties prescribed in statute 106.265.”

These state laws apply to campaign signs and print advertisements as well.

Martin Campaign Letter
On Oct. 2, commission candidate Tjet Martin mailed this campaign letter to 246 Bradenton Beach voters, but she failed to include a political disclaimer required by state law. – Submitted

Martin is familiar with state election laws, having previously run for a commission seat in 2014. She also assisted her significant other, former mayor Bill Shearon, with his past campaigns.

In her campaign letter, she wrote: “I have the desire to make sure things are done correctly and promptly.”

When The Sun contacted her about the potential campaign violation on Friday, Martin said, “Thank you for bringing this to my attention. I will be contacting the Supervisor of Elections to see if I can correct this.”

On Saturday, Martin emailed Supervisor of Elections Mike Bennett and Deputy Chief Sharon Stief.

“I was advised October 5th that the campaign letter I sent did not contain the required disclosure ‘paid political advertisement paid by.’ The campaign letter was mailed October 2nd to 246 absentee voters. I request your assistance and direction to correct this unintended oversight,” she wrote.

Martin sent the same email to Florida Division of Elections Director Maria Matthews.

To the best of The Sun’s knowledge, no complaint has been filed with the Florida Elections Commission regarding the omitted political disclaimer.

Related coverage

Commission candidates discuss city issues

Bradenton Beach charter review

Modified commission wards proposed

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – The Charter Review Committee (CRC) reached consensus on several items during its Monday, July 9 meeting.

Members Debra Cox, Anne Leister, Dan Morhaus and Randy Milton support a potential charter amendment that would create two City Commission wards.

Cox and Morhaus participated in Monday’s meeting by phone.

If placed on the ballot by the City Commission and approved by city voters, this amendment would create a two-ward system with two commissioners being elected from a north ward by north ward voters only, two commissioners being elected from a south ward by south ward voters only and an at-large mayor elected citywide. The exact ward boundaries would need to be clarified, but the Cortez Bridge has been mentioned as a possible dividing line.

The four geographically based commission wards established in the 1950s were eliminated by city voters last year in support of a charter amendment proposed by the Concerned Neighbors of Bradenton Committee (CNOBB) group. In that system, candidates were ward-specific, but all city voters were allowed to vote in all commission races.

As they did during their two previous meetings, Cox, Leister and Milton first expressed support for a return to the four-ward system, but they compromised on the proposed two-ward system after debating whether the two wards would allow for citywide voting or ward-specific voting.

Chair Mary Bell opposed returning to a ward system due to her ongoing concerns about Bradenton Beach’s shrinking population and the increased difficulty in finding commission candidates.

Morhaus said he saw no point in returning to a four-ward system or creating a two-ward system in which voters from one ward would help determine the winners in another ward. He said limiting the votes to the ward-specific residents would create parochial representation if that was the intent.

Cox and Leister said they like the wards because it helps preserve that Old Florida and neighborhood feel. Milton said he likes having a representative that he knows and that knows his neighborhood.

If the City Commission places the two-ward charter amendment question on the fall ballot, city voters will determine whether wards are restored in a modified form.

City Manager

The committee members again unanimously opposed a charter amendment that would require the city to hire a full-time city manager as proposed by the Keep Our Residential Neighborhood (KORN) political action committee.

KORN treasurer John Metz questioned a statement Bell made at the previous meeting regarding a city manager costing an estimated $200,000 a year in salary and benefits. Metz estimated the total cost to be closer to $120,000 to $140,000, which he said is about what Police Chief Sam Speciale earns.

Morhaus said he didn’t see the benefit in hiring a city manager and Bell said the committee’s collective opposition was based more on the lack of an actual need for a manager than it was on dollars and cents.

Parking garage

The committee unanimously supports a citywide prohibition on multi-level parking garages, but upon the advice of the city attorney agreed that the city charter is not the right place to address those desires because state law no longer allows land use matters to be decided by voter referendum.

City Planner Alan Garrett told the members about the Planning and Zoning Board and City Commission’s efforts to adopt two city ordinances that would prohibit parking garages citywide by amending the comprehensive plan’s future land use map and the city’s land development code.

Metz noted ordinance changes could be undone by a future commission, whereas a charter amendment could only be reversed by city voters.

Commission candidate Tjet Martin suggested there at least be a requirement for a four-fifths supra-majority commission vote to undo ordinance-enacted parking garage prohibitions. Perry said the charter already requires a four-fifths commission vote to amend the comp plan.

Residency

The committee unanimously supports requiring City Commission candidates to be registered voters – a requirement city voters eliminated last fall when supporting a CNOBB amendment that also reduced candidate residency requirements from two years to one.

The committee supports the one-year residency requirement but also feels commission candidates should be registered city voters for at least one year before seeking office. Milton said CRC members are required to be city voters and the same should apply to commission members.

Regarding the City Commission’s request to better define residency, the committee recommends an amendment that would require commission candidates to prove their residency by providing at least three of following items that include a Bradenton Beach address: a county-issued voter registration card, a Florida driver license or state ID, a declaration of domicile that includes a residency date, a bank statement, a property tax bill, a long-term lease or a federal tax return.

The Charter Review Committee expects to meet once or twice more to conclude its work.

Randy White residency

Commissioner addresses residency issues

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – City Commissioner Randy White’s status as a city resident was indirectly questioned during last week’s Charter Review Committee (CRC) meeting.

City Attorney Ricinda Perry said she has received inquiries about the residency status of a current commissioner. Perry was discussing the City Commission’s request to better define city charter residency requirements for commission candidates.

Perry did not identify the commissioner by name but mistakenly said he holds a city-issued Transient Public Lodging Establishment (TPLE) license. She also said the property listed as the commissioner’s residence has been used recently as a vacation rental.

Perry said the property tax bill for the commissioner’s property is sent to a Canadian address and the commissioner’s car had a Canadian license plate until recently.

Mayor John Chappie has a city-issued TPLE license, but he resides full-time in one of the two duplexes he and his brother, Joe, own on 12th Street South. Their tax bills also reflect that.

According to the Manatee County Property Appraiser’s website, Commissioner Randy White’s tax bill for the bungalow at 106 Fourth St. N. has been sent to Toronto, Canada since he bought it 2012.

The tax bill for the bungalow White owns next door at 108 Fourth St. N. has been sent to the 106 Fourth St. N. address since he bought the second bungalow in 2014. According to Building Official Steve Gilbert, the bungalow at 108 Fourth St. N. remains uninhabitable due to an unresolved stop work order issued for working without permits in 2016.

In January, White pursued a TPLE license for the 106 Fourth St. N. bungalow that was being used as a vacation rental. Late last year and earlier this year that property was listed as a vacation rental through the Holmes Beach-based Beachrental.mobi property management company.

On Monday, City Treasurer Shayne Thompson said White recently obtained a city-issued business tax receipt license for that property but he never completed the TPLE licensing process.

White’s response

White is a commercial airline pilot based out of LaGuardia Airport in New York City. During a layover Monday morning, he explained his residency situation.

“I do understand why people scratch their heads,” he said, when informed of Friday’s CRC discussion.

White said his wife, Lorraine, lives in Toronto and is a Canadian citizen. He said she usually handled the vacation rental logistics and that’s why the tax bill was sent there.

White said his wife will vacation at the bungalow at 106 Fourth St. N. but she will not live there because it’s too small. They planned to live in the bigger bungalow next door, but those plans got bogged down in the permitting issues and remain on hold.

White said he often has overnight layovers in Toronto that allow him to spend time with his wife.

“I have an international job and I’m in an international marriage,” he said.

White said they abandoned the TPLE license because it was getting complicated and costly. He said they no longer use the bungalow as a vacation rental and previously only rented it out when he was flying or out of town.

When it was noted there was recently a car with out-of-state license plates parked in his driveway, White said it belonged to a friend of his wife’s and she did not pay to stay. He said other friends do the same.

White says he also has a crash pad in New York and shares a room with another pilot. He said he usually works Saturday, Sunday, Monday and sometimes on Friday. He usually commutes to New York from Sarasota/Bradenton International Airport.

White said he inherited a Buick LeSabre when his dad passed away and that’s why it had Canadian plates. It now has Florida plates. White said he has a Florida driver’s license that lists 108 Fourth St. N. as his address because that’s where he planned to live.

White said he is an American citizen and registered to vote in Manatee County and Bradenton Beach.

“I’m on the road at least half the time. I spent time in New York and I shoot up to Toronto to see my wife. The other time I dedicate to Bradenton Beach,” he said, noting that he spends about 10 days a month in Bradenton Beach.

White was asked why he decided to run for a commission seat when his time in Bradenton Beach is limited.

“Because I love the town and I know a lot of people here. I’m big on the residents and I think there’s resident and residential issues that need to be addressed,” he said.

On Monday, Perry said she was not aware that White had discontinued his efforts to obtain a TPLE license. She said that has no impact on the commission’s request to better define residency in the city charter.