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Tag: Bradenton Beach Commission

Bradenton Beach businesses, residents to see increased fees

Written by Leslie Lake on . Posted in Bradenton Beach, Community News, Feature.

BRADENTON BEACH – To offset a budget shortfall of $350,000 from post-hurricane tax exemptions, city commissioners have voted to add revenue sources that include increases to short-term rental license fees, building department fees and parking ticket fines.
“As a result of the storms, our ad valorem revenue has gone down about 14% this year. To put a dollar figure on that, that’s $350,000 give or take,” City Treasurer Shayne Thompson told commissioners. “That’s driven mainly because of a Florida Statute that allows
for a property owner who can’t inhabit their home for 30 days or more to request an exemption on property tax.”
He said Manatee County has 11,000 people who have requested such exemptions this year. “What the decrease has done is leave the city in a position to have to replace $350,000 in addition to put some in reserves. As we’ve all seen, having a healthy reserve allowed us to
weather this storm better than most,” Thompson said.
He presented a plan that he said was multi-pronged and would raise revenue but not raise taxes.
“One of the prongs is our TPLE (Transient Public Lodging Establishment) license. We’ve had the same fee structures since 2017,” Thompson said. “The reality is we need to raise it.

We’ve come up with a hybrid solution that doesn’t impact the mom and pop that has a duplex that lives in half and rents half.”
He proposed the same fee structure, $150 per year, for a home that has up to four occupants.
“Each occupant above the four would be an additional $100 per occupant. That would shift the burden to, I hate to say it, but party houses,” Thompson said. “The ones that have the largest occupancy are the ones that also cause the most burden on infrastructure and staff.”
He said the city currently has 561 TPLE licenses. Of that number, 192 have four occupants or less.
He said the average occupant count is seven, and in applying the new fee structure, the average cost would be $450 for an annual license.
“In the opinion of staff, we don’t feel we’re burdening an investor,” Thompson said. “The reality is if you’re renting your property for $11,000, $450 or $600 per year won’t deter you from renting it.”
Commissioner Ralph Cole asked how this increase would affect hotels. Thompson said motels and hotels are exempt.
Commissioner Scott Bear asked how the fees compare to other Island cities.
“In Anna Maria they’re looking at redoing theirs right now,” Thompson said. “We’re about half of where they are right now. Looking at Holmes Beach’s model, theirs is current, and they charge $100 per occupant period.”
Thompson addressed the fee structure in the city’s building department.
“We last changed it in 2022. We now have more staff on board more than we had,” he
said. “Bill (City Building Official Bill Palmer) made me aware that by statute we can have reserves for operations of the building department equal to two years of expenses. In that hiatus of fees, we’re waiving fees due to the hurricane, it wouldn’t have put the building department in a deficit position, and we could draw on that reserve. Bill is looking at adding other fees that other cities have done.”
The moratorium on hurricane-related building fee waivers ends at the end of this month.
Thompson said there are some fees in place in Holmes Beach that Bradenton Beach could implement.
“For example, a stop work order in Holmes Beach, if they put a red tag on a door is $500, it they do it twice it’s $1,000. That will be part of the new increased fee structure,” he said.
Thompson said the fees will help build up a reserve so if another storm event comes, the city is not waiting for FEMA reimbursement.
“To bring us competitive with parking lots, we’d be raising the parking ticket fines from $75 to $100,” Thompson said.
He summarized the city’s goal with the increased fees.
“The goal is to put us in a position to break even. The city must have a balanced budget by
statute. And without raising taxes to get to that spot and put $300,000 give or take into reserves for next year. With those things it makes up for that shortfall and it keeps us in a healthy position.”
A motion to approve and direct staff to make changes as discussed for the 2025-26 budget was unanimously approved.

City reviewing planned changes to Bradenton Beach Marina

City reviewing planned changes to Bradenton Beach Marina

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – A plan to replace dry storage and boat repairs with restaurants and retail at the Bradenton Beach Marina was discussed at a Jan. 16 Community Redevelopment Agency (CRA) meeting.

“There were plans discussed and presented to the building official prior to the hurricane consisting of interior wall adjustments within the marina building itself where dry storage is,” City Attorney Ricinda Perry said at the meeting. “The goal of that project was to take a bunch of boat repairs which resulted in oil, gasoline and spilled chemicals of all sorts, lifts and storage of damaged and derelict vessels onsite, eliminate all of that and turn it into a functioning marina that would service people’s boats that come in and park overnight, yachts, day-trippers and create a more functioning commercial segment up there.”

She said the plans are currently being reviewed by the Bradenton Beach building department.

“We had a staff meeting yesterday to make sure that was still on task,” Perry said.

Mayor John Chappie asked if the marina owner is looking to provide overnight stays on the site.

“There’s also been some talk about whether or not it would make sense financially for them to have a few rooms for overnighting, perhaps on the second floor above the Nautilus Bar looking over the water,” Perry said. “There’s also been talk about what was described to me as a staging area for food trucks and bands and a kids playground. Right now, the only thing that’s been presented to Darin (Building Official Darin Cushing) was just taking the internal side of that, partitioning it off and taking out the dry storage and putting in shops and restaurants.”

Perry said she can’t bind the property owner to specific plans, but said, “The plan as I understood is to eliminate all the dry storage inside, all of the boat repairs that are inside and install retail, restaurants that you can access from the outside as you’re walking down both sides of that marina.”

Perry noted the marina’s docks sustained damage during Hurricane Helene.

“The property owner (Shawn Kaleta) has shared with me that they had gotten an original price quote in the millions to repair the docks that were damaged from Hurricane Helene,” Perry said. “You cannot get those docks insured, so all of that is out of pocket loss and damage to that property owner, that’s why it’s been a little bit slow trying to get that turned around. They’ve gotten some additional quotes that are more feasible financially. I think you’re going to see that property turned back around again.”

No moratorium on rentals in Bradenton Beach

No rental moratorium in Bradenton Beach

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – No rental moratorium is in place in Anna Maria Island’s southernmost city.

Prior to the adoption of a resolution Thursday requiring residents and business owners to have structural and electrical inspections before occupancy is permitted, Bradenton Beach commissioners discussed and rejected a moratorium on rental properties in the city.

“The city of Holmes Beach is in a position where they’ve decided to look at it from the perspective of a moratorium for certain classifications of individuals who are coming to stay in the city,” City Attorney Ricinda Perry said.

The city of Holmes Beach issued a 45-day moratorium on rentals on Oct. 2. Holmes Beach is the only one of the three Island cities to enact such restrictions.

“A moratorium shuts everything down. There is nothing you can do even if you’re up and running and you’ve invested say, you’ve personally spent $5,000 with an inspector, you’ve spent $20,000 on Servpro getting it cleaned out and now you’re ready to go, it doesn’t matter. You couldn’t rent it until that moratorium is lifted,” Perry said.

Perry explained that a moratorium is an ordinance, while a resolution is a policy that can be put into effect immediately.

“This one is a lot more flexible. It lets you work within the timeframe that works for you as a property owner, and to me, it accomplishes the same goal – public health, safety and welfare – to make sure the structures are safe,” she said. “This does that but it puts it on your timeline as a property owner as opposed to the government’s timeline.”

Commissioner Debbie Scaccianoce expressed concerns about an influx of renters straining the city’s infrastructure and resources during the recovery process.

“Our roads aren’t really even up to par, but because people can afford to have all these inspections and we’re greenlighting them, now we’re having all this extra vehicle traffic and people to areas of our city that maybe aren’t really ready otherwise. I get it, we want to return to normal, but what about health and safety in a more general sense?” she asked.

Perry responded that if Police Chief John Cosby feels it is unsafe to have renters come in he will make that known.

“I am of the legal opinion that the state statute has pre-empted our ability to classify renters from a one-month resident to a one-year resident to a full-time resident. I don’t feel legally comfortable drawing a distinction on who is going to use the structure,” Perry said. “If that is something you really want to explore then I’m going to need to find some justification on the public safety and welfare threat as a whole when I don’t even have data on how many rentals will be up and running.”

Perry said that code enforcement can determine whether or not a property that is being occupied has gone through the inspection process.

“If not, then we can initiate the process to shut them down,” she said.

“So, if they go through the process right away and they’re good to go, they can rent?” Commissioner Ralph Cole asked.

“Correct. I do not feel comfortable having the distinction legally about who is in the structure,” Perry said. “What the statute says about treating residents differently from rentals, the statute does not tolerate that. I am uncomfortable segregating that classification. If it’s a building and a person in the building, I don’t care if they’re here for a week, I don’t care if they’re here for a month, I don’t care if they’re here for a year, the statute says that I have to look at it that way and that is my recommendation to not segregate and classify.”

Perry said a resolution can be easily modified.

“The nice thing about a resolution with this is we could come back at an emergency meeting and have a new resolution that tamps it down,” she said. “You can turn on a dime; I prefer to be as flexible as we can and see where we are on a week-by-week basis.”

Perry said retired city building official Steve Gilbert will assist current Building Official Darin Cushing.

“Steve Gilbert has been reaching out and gotten some people who will come down with him and work with Darin,” she said. “He loves our community; he was with us for 16 years. The suggestion he had was a little different from Holmes Beach’s approach, and it’s an approach that I really like and that Darin really likes.”

A resolution was passed unanimously by the city commission requiring structural and electrical inspections before occupancy to be done on homeowners’ timelines. It consists of the following three components:

No occupancy will be permitted in any structure until the following conditions are met:

  • Structural inspection: Any structure built after Dec. 31, 2002, shall be inspected by a Florida-licensed general contractor to determine if it is safe to occupy; and any structure built prior to Dec. 31, 2002, shall be inspected by a Florida-licensed engineer to determine if it is safe to occupy.
  • Electrical inspection: All structures shall be inspected by a licensed electrician to determine if they are safe to occupy.
  • In the event alternative inspections are needed, or alternative procedures for safety are needed, then the building official may in his determination provide an alternative process to determine if a structure is safe.

City permitting fees will be waived, and Cushing has the ability to issue emergency hand-written permits.

 

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CRA shifts from recommending to governing body

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – City commissioners voted unanimously at the Sept. 5 meeting to modify the makeup of the Community Redevelopment Agency (CRA) board from a seven-member to a five-member board.

The five-member board will consist of commissioners only and act as a governing body. In contrast, the seven-member board included two CRA-area residents or business owners and only made recommendations for the commission to decide.

“We have one vacancy and probably will have another one,” City Attorney Ricinda Perry said, introducing the topic at a commission meeting.

The vacancies Perry referred to are resident David Bell, who resigned from the CRA in March, and Ed Chiles, former owner of Beach House Restaurant. Chiles has been absent with excuse from meetings for the past several months.

“Initially the CRA was a five-member board, then we went to a seven-member board, then five, then seven again. Right now, we are looking at these vacancies. My question is do you still want the two alternates, or do you want it to go back to a five-member board?” Perry asked the commissioners.

Perry said the CRA is going into a little bit of a lull as projects are being completed.

“We’re catching up on all the work we’ve done, we’re putting money back into the coffers. Our focus right now is primarily any emergency situations that Chief (John) Cosby as public works director brings to us,” she said. “There’s not a lot of major projects coming forward.”

As a practical matter, Perry said the monthly Wednesday morning CRA meetings could be held on the same night as the Thursday commission meetings.

“The CRA would have to have its own agenda,” she said. “You could have your CRA meeting first, adjourn that meeting and then have the commission meeting.”

“I think it’s an important discussion,” Mayor John Chappie said. “Manatee County does their CRA meetings first and then go back into their regular session.”

Commissioner Ralph Cole, who also serves as CRA chair, said he recommended going back to a five-member board.

“I’ve been commissioner long enough that I’ve seen it both ways and I think we should go back to five,” Commissioner Jan Vosburgh said.

Commissioner Deborah Scaccianoce raised concerns about non-participation by businesspeople if the board returns to five members.

“At the CRA meetings I’ve been to, it’s pretty much only been us,” Scaccianoce said. “Mr. Chiles hasn’t been here and it’s probably been because he sold his business. I don’t know what the role is because I’ve never had a businessperson present for a CRA meeting. How does that impact the businesses if they’re not a part of it?”

Cole pointed out everyone on the board is subject to the Sunshine Law.

“Everything has to be discussed at a public meeting,” Cole said. “You can’t approach the mayor as a businessperson and talk to him about something you want voted on.”

“If you’re on the same board you can’t talk,” Chappie said.

“It’s easy for someone to trip up on Sunshine Law and public records retention,” Perry said. “It’s a very challenging thing.”

“I think Sunshine is a deterrent and it also ties their hands,” Scaccianoce said. “I think we would have trouble getting seven.”

Vosburgh noted that all the commissioners now or in the past have been business owners.

Chappie read the motion to approve a resolution to modify the makeup of the seven-member CRA board to a five-member CRA board.

Scaccianoce made the motion. It was seconded by Vosburgh and passed unanimously.

City commission approves Bridge Street parties

City commission approves Bridge Street parties

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – City commissioners approved Australian pine tree removals, monthly street parties on Bridge Street, a new member of the Scenic Highway Committee and donations to local community centers at their June 20 meeting.

SUNDOWN GET DOWN APPROVED

City commissioners heard details about the planned Bridge Street Merchants Association’s Sundown Get Down monthly street party events on Bridge Street. The events will be held at 4 p.m. on the third Thursday of the month beginning on July 18 with a retro beach party theme.

“There will be additional trolleys, a kid-zone and family-friendly themes,” Leah Brown of Big Idea Events said. “The goal is to drive business to Bridge Street’s established businesses.”

The monthly events received an open container waiver from the city. Bradenton Beach Police Department Lt. Lenard Diaz said the department will be fully staffed for the events.

Bridge Street will be closed to vehicular traffic during the events and commissioners expressed concerns about parking.

Sam Negrin of Beach to Bay Investments said the Shawn Kaleta-owned parking lot at the corner of Bridge Street and Gulf Drive will be available at either zero or reduced fees during the street parties.

“Yes, parking fees will either be waived or greatly reduced for the events,” Negrin said.

Merchants will allow for the use of public restrooms during the events.

Commissioners unanimously approved a motion for the monthly event to run from July through December.

AUSTRALIAN PINES REMOVAL APPROVED

Commissioners unanimously approved a $7,500 bid from Sarasota-based Harley’s Tree Service to remove two Australian pine trees on city property around 1102 Gulf Drive N. with funds to come from the city-wide tree trimming budget line item.

A second bid for $7,600 from Harley’s Tree Service to remove nine Australian pines from Children’s Park and Herb Dolan Park was also unanimously approved by the commission with funds to come from the half-cent sales tax fund.

NEW MEMBER ON SCENIC HIGHWAY COMMITTEE

Commissioners unanimously approved the appointment of Bradenton Beach resident Brie Bender to the Scenic Highway Committee.

“I’ve been a resident in Bradenton Beach since 2019 and I’m interested in seeing how I can give back to the community,” Bender said to commissioners. “I’ve been very involved in the community in South Carolina.”

The committee serves as an advocacy group for the Bradenton Beach Scenic Highway corridor.

Bender listed her occupation as director of brokerage operations at INNOVATE Real Estate.

“We appreciate you being here,” Mayor John Chappie said.

CITY DONATION SPLIT

With an available city budget of $4,750 for donations to Island community centers, commissioners voted to donate two-thirds of that amount to the Bradenton Beach-based Annie Silver Community Center and one-third to The Center of Anna Maria Island in Anna Maria.

City commissioners unanimously approved a donation of $3,182 to Annie Silver for its programs and $1,568 to The Center of Anna Maria Island for programs to help with the organization’s senior program collaborations with the Annie Silver Community Center.

Commissioner Ralph Cole is the liaison to The Center of Anna Maria Island and Commissioner Deborah Scaccianoce is the liaison to the Annie Silver Community Center.

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Scaccianoce new Bradenton Beach commissioner

Written by Leslie Lake on . Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – Ward 1 has a new commissioner.

The application for commissioner by business owner and former Manatee County records manager Deborah Scaccianoce was approved by the commission and she was sworn in at its March 21 meeting.

She filled the vacant seat left by former Commissioner Jake Spooner. Spooner, a local businessman, ran unopposed in 2023, but resigned in December citing the state’s financial disclosure requirement.

Bradenton Beach resident Gary Michniewicz was the other applicant for the commission seat. The deadline for applications was March 13.

Scaccianoce new Bradenton Beach commissioner
Deborah Scaccianoce was sworn in as Bradenton Beach Ward 1 commissioner by City Clerk Terri Sanclemente at the March 21 city commission meeting. – Leslie Lake | Sun

Scaccianoce is the co-owner of Double Deez Chicago Style Hot Dogs in Holmes Beach.

She addressed the commission prior to the nomination.

“My family has been a part of the Bradenton Beach area for the past 45 years. It’s been my permanent home for almost 12 years. My brother was the chief of police here, Sam Speciale. In the 80s, my father worked for the planning board. We’ve been around a very long time,” she said.

Scaccianoce said over the years she’s watched Bradenton Beach grow and develop.

“I’ve watched all the changes, some painful, others amazing,” she said. “I think I bring a unique perspective. I’m also a small business owner and I understand the balance we have to have with the balance of the city’s needs the balance of our residents, the balance with our commissioners and their various wards, business owners and our visitors.”

“I think Debbie would be a great commissioner with her history and experience,” Mayor John Chappie said. “I’d like to name her as nominee.”

Michniewicz did not attend the meeting.

“We also have the other gentleman, Gary, I’ve talked a little bit with him, he is, I believe, out of town. He knew about the meeting, I can’t really add anything else besides his resume that I have here as well,” Chappie said. “The gentleman said he would also be qualified and interested in other positions, such as the CRA Board and the Planning and Zoning Board.”

Commissioner Jan Vosburgh that while both applicants had excellent resumes, she felt that Scaccianoce had more experience with government work.

“I look forward to getting another member up here,” Commissioner Ralph Cole said.

City Attorney Ricinda Perry read the following motion:

“To approve the Mayor’s nomination of Deborah Scaccianoce as Ward Representative One.”

Cole made the motion and it was seconded by Vosburgh. It passed unanimously.

After being sworn in by City Clerk Terri Sanclemente, Scaccianoce took her seat at the commissioner’s table.

Commissioners receive a stipend of $4,800 per year. Her term will run until November 2025.

Commissioner Marilyn Maro did not attend or phone into the commission meeting.

City ward boundaries under revision

City ward boundaries under revision

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – The first reading of a proposed ordinance outlining the details of a Land Development Code (LDC) revision of ward boundaries was approved by the city commission last Thursday night.

The ward redistricting was based on March 31, 2023 recommendations by Manatee County Supervisor of Elections Mike Bennett. Commissioners had reached a consensus to approve the boundary changes at a Jan. 18 commission meeting.

City attorney Ricinda Perry had asked the commission for direction on Jan. 18 in preparing a resolution to modify the boundaries of Wards 1 and 2 and flip the numbers for 3 and 4, so sequentially the south end of the city begins at Ward 4 with Ward 1 at the north end of the city. She had given commissioners boundary maps drawn up by the supervisor of elections to review showing the recommended boundary shifts.

The city charter requires each of the four wards of the city to be established by ordinance, and that each ward contain approximately the same number of residents.

“Manatee County Supervisor of Elections presented the City of Bradenton Beach City Commission with evidence that the 2024 active voter population for the City’s Ward Boundaries could be more proportionate between the four wards (Ward 1-152, Ward 2-151, Ward 3-153, and Ward 4-155) by revising the boundaries,” the resolution states in part.

“This seems to make logical sense,” Perry said.

Wards 3 and 4 did not need redistricting and an additional area from Ward 1 was added to Ward 2, Perry said at the Feb. 1 meeting.

During the public comment section of the meeting, Bradenton Beach resident Chris Johnson said, “When the wards were developed and why they were developed we had a lot more people living in Bradenton Beach. Our voting population is so down with registered voters, can you explain to me why we’re still having wards when we need to have more commissioners challenged?”

“Back when the city first started, the wards were put in there and they’ve been here ever since, no matter what the voting population is,” Commissioner Ralph Cole said. “The beauty of the wards is it keeps from getting three or four commissioners from one little neighborhood to have neighbors run the whole city.”

Commissioner Jan Vosburgh said the ward system has worked out well and people are well-represented.

“Ralph explained it beautifully, and Jan,” Mayor John Chappie said. “The wards to me are what government is really about. It’s about having someone right in your neighborhood that you can go to and talk to about things.”

A motion to approve the second reading of the resolution on Thursday, Feb. 15 at noon was approved unanimously by the commission. Following the second reading, the commission will declare open the vacant seat left by former Commissioner Jake Spooner’s resignation.

Commissioner Marilyn Maro phoned into the meeting.

The commission meets at the Katie Pierola Commission Chambers, 107 Gulf Drive North.

Commission approves ward redistricting

Commission approves ward redistricting

Written by Leslie Lake on . Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – Two residents have expressed interest in filling the vacancy left by the Dec. 28 resignation of City Commissioner Jake Spooner.

Spooner, a commissioner since 2015 from Ward 1, resigned on Dec. 28 citing the state’s expanded Form 6 financial disclosure requirements that now apply to all Florida mayors and city commissioners holding office as of Jan. 1.

According to City Clerk Terri Sanclemente, applications for the commission seat have been submitted by Bradenton Beach resident Gary Michniewicz and Manatee County’s former record manager, Debbie Scaccianoce.

Prior to a Jan. 18 commission meeting discussion regarding filling the vacant seat, commissioners reviewed 2023 ward redistricting recommendations from the Manatee County Supervisor of Elections.

“What we decided to do at the last meeting was go through the ward boundaries first and get those set per the Supervisor of Election recommendations,” City Attorney Ricinda Perry said. “Wards 1 and 2 needed to be readjusted on boundaries according to those recommendations.”

Perry asked the commission for direction in preparing a resolution to modify the boundaries of Wards 1 and 2 and flip the numbers for 3 and 4, so sequentially the south end of the city begins at Ward 4 with Ward 1 at the north end of the city.

“I’d like to bring that back to the next commission meeting,” Perry said.

Perry had given commissioners boundary maps to review showing the recommended boundaries.

“I’ve gone through the samples; it’s a lot closer with 152, 153, 157 (residents), it’s all very well balanced now,” Mayor John Chappie said. “The way they changed the lines a little bit between one and two I don’t have any problem with that whatsoever.”

Commissioner Ralph Cole said the boundary changes look very balanced.

Commissioners reached a consensus to approve the boundary changes. Commissioner Jan Vosburgh was in attendance at the meeting. Commissioner Marilyn Maro attended the meeting by telephone.

“The last piece is after we have that resolution in place, everyone in the public will know where the wards are, and then we will need to declare the vacancy is open and we’ll take in applications of interest,” Perry said. “We start with people in that ward.”

“It’s my understanding we have two people who have filled out applications for Ward 1 and they live in Ward 1, as the way it’s going to be drawn,” Chappie said, adding, “It’s sad that we lost a good guy.”

Spooner ran unopposed in 2022 and was sworn in for a two-year term.

According to the City Charter, “Whenever there is a vacancy, the commission shall propose by nomination one or more names of willing and qualified successors for the vacancy. The commission will then vote among the nominees to fill the vacancy for the remainder of the term. If a majority of the commissioners are unable to fill a vacancy or vacancies after two meetings then the successor shall be chosen by lot by the City Clerk from the nominees proposed.”

The next city commission meeting is scheduled on Thursday, Feb. 1 at 6 p.m. at the Katie Pierola Commission Chambers, 107 Gulf Drive North.

Commission discusses redistricting, vacancy

Commissioners discuss redistricting, commission vacancy

Written by Leslie Lake on . Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – Following the vacancy left by the Dec. 28 resignation of Commissioner Jake Spooner, city commissioners discussed the course of action to fill his position at a Jan. 4 meeting.

The discussion also included the possible redistricting of the city’s four ward boundaries.

Spooner, a commissioner since 2015 from Ward 1, ran unopposed in 2022 and was sworn in for a two-year term in November 2023. He said he resigned because of the state’s expanded financial disclosure requirements that now apply to all Florida mayors and city commissioners holding office as of Jan. 1.

Mayor John Chappie and Commissioners Ralph Cole and Jan Vosburgh attended the Jan. 4 meeting while Commissioner Marilyn Maro and City Attorney Ricinda Perry phoned in.

“There is a process our charter dictates that we go through,” Chappie said. According to Section 8 of the City Charter, Filling of Vacancies: “Whenever there is a vacancy, the commission shall propose by nomination one or more names of willing and qualified successors for the vacancy. The commission will then vote among the nominees to fill the vacancy for the remainder of the term. If a majority of the commissioners are unable to fill a vacancy or vacancies after two meetings, then the successor shall be chosen by lot by the city clerk from the nominees proposed. If no appointee can be found residing in the ward of vacancy, the commission may appoint an individual who would otherwise qualify for elective office.”

“There are two things we’re dealing with that are both dealing with this particular issue,” Perry said. “One is the changing or review of the ward boundaries and also changing the numbers of three and four so they’re sequential in our city. Right now it’s one, two, four, three.”

Perry said part of last year’s charter review process was to make sure the four wards are evenly balanced for the number of registered voters.

“This comes directly with recommendations from the Supervisor of Elections,” Perry said. “If you recall it was almost a year ago, maybe a little longer, the city formally requested from the Supervisor of Elections their data and analysis.”

The Supervisor of Elections produces maps and boundary descriptions for the four wards, she said.

“The charter review committee had recommended the city redistribute that once that data was available from the Supervisor of Elections,” Perry said. “It wasn’t until much later in the year, almost right before the deadline for the November election, that the Supervisor of Elections produced that data to the city. And at that time (City Clerk) Terri Sanclemente and I had discussions with the Supervisor of Elections as to when would be the best time for the city to take up this issue and look at redistributing the voters. “

She said Assistant Supervisor of Elections Scott Farrington had asked the city to hold off until after the elections to avoid confusion.

“Now that the election is over, this would be the time for the city commission to look at those recommendations that came from Mr. Farrington,” Perry said.

She suggested the city take up the redistricting issue first, which is done by resolution.

“Once that issue is fully addressed, then I believe the city commission can take up appointments for Mr. Spooner’s seat,” Perry said.

If no candidate steps forward from Ward 1, Perry explained the next steps.

“Then it becomes an at-large seat temporarily for the remainder of that term,” Perry said. “Until the next election cycle, then it would become a ward seat again if anyone wants to run.”

Perry said the commission would discuss the issue again on Thursday, Feb. 1 at 6 p.m. in the Katie Pierola Commission Chambers, 107 Gulf Drive N., Bradenton Beach.

Prior to that meeting, Perry said she plans to reach out to Farrington to ensure the data received last year from the Supervisor of Elections has not changed.

Commission approves funds to repair hurricane damage to pier

Commission approves funds to repair hurricane damage to pier

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – Damage to the Bradenton Beach Pier and floating docks caused by boats during Hurricane Idalia on Aug. 30 was the focus of the Sept. 7 city commission meeting.

Images of the damage reviewed at the meeting showed missing and broken boards and a large boat against the docks.

“I am very disappointed it was the vessels that caused this damage. They did not secure themselves properly or move away from this,” City Attorney Ricinda Perry said. “In talking with Steve Porter (from Duncan Seawall) he said we would not be facing this if not for the boats.”

Bradenton Beach Police Chief John Cosby described the causes of the damage to the pier and floating docks.

“One boat broke loose and rammed into the others and broke them loose,” he said. “They were secured fine and it was a domino effect. It was a sailboat that broke loose and knocked the rest out of the way.”

Commissioner Jan Vosburgh asked if boat owners were responsible for the damage and Chappie said the city will be looking into whether or not the boat owners have insurance.

“There will be accountability to individuals that are not following the rules and not tying their boats down the way they should be or trying to find a safer port instead of just leaving it out there in the open seas at the north end of Sarasota Bay,” Chappie said.

“The city is going to do what it can do to hold people responsible for this kind of damage,” Perry said.

Cosby reminded the commission that the pier itself is uninsurable because it’s over water. The city is self-insured for the structure.

Commissioner Ralph Cole made a motion to issue a work assignment to Duncan Seawall for all repairs to the pier and floating dock in the amount of $42,225 to be paid from the 2022-23 city budget, and to authorize Cosby and Perry to work toward future reimbursement from FEMA or any other agency.

The motion passed unanimously.

The repair work is expected to be completed within a week or two.

Bradenton Beach Commission opposes state attacks on home rule

Bradenton Beach Commission opposes state attacks on home rule

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

BRADENTON BEACH – Protecting home rule rights will be the city commission’s top priority during the state legislative session that convenes on March 5.

Home rule rights and the ability to self-govern at the local level were already a top priority before Bradenton-based State Rep. Will Robinson Jr. and the Manatee County legislative delegation announced their shared desire to preempt home rule rights at the state level so Manatee County can build a public parking garage in Holmes Beach. The delegation, which also includes Republican state senators Jim Boyd and Joe Gruters and state representatives Tommy Gregory and Mike Beltran, are also requesting a state-funded study regarding the potential dissolution or consolidation of the three Island cities.

During the Bradenton Beach Commission’s Jan. 19 meeting, commissioners unanimously agreed that fighting the state legislators’ latest efforts to eliminate the city’s home rule rights would be a top priority for the city and its contracted lobbyist, Dave Ramba.

Prior to the meeting, Mayor John Chappie provided the commissioners with a two-page list that detailed the commission’s 2023 legislative priorities. The list was prepared before Robinson and his fellow state legislators expressed their intentions regarding home rule rights and the potential consolidation or elimination of the three Island cities.

According to the priorities list, “Home rule is why no two cities are alike. Intrusion on home rule from the state or federal government undermines the constitutional right of citizens to govern themselves.”

During the Jan. 19 meeting, City Attorney Ricinda Perry said, “There have been two additions I think the city should implement into this based on the Manatee County delegation meeting: The elimination or consolidation of the Island cities as well as the usurpation of home rule authority on height restrictions for parking garages.”

Chappie then said, “I totally agree. I had a discussion with Rep. Robinson. I voiced my concerns and disappointment and he told me his reasoning, which I disagree with. It is concerning. It is disappointing. As I told our representative, government’s supposed to work from the bottom up, not from the top down. This is local stuff. This isn’t even really party politics, it’s about the best type of governance that they think would be best for us. Who do they think they are?” Chappie said.

“Yes, we depend on the state and federal governments for certain things, but we’re responsible at the local level for health, safety and welfare. If we need something, we go to our legislators. That’s not what happened in this case and it’s a state of affairs. The three Island cities are going to be working together to correct this injustice,” Chappie said.

Chappie said he was meeting with Anna Maria Mayor Dan Murphy and Holmes Beach Mayor Judy Titsworth the following day. He also said that Perry will work with the Florida League of Cities on these legislative concerns.

Commissioner Ralph Cole said state legislators should focus their efforts on providing state funds for undergrounding utility lines, adding and improving sidewalks and other projects that benefit local communities.

Cole questioned whether a state pre-emption that allows parking garages to exceed city-specific building heights would then lead to the construction of other high-rise structures. He also said Manatee County needs to finish the drainage improvement project at Coquina Beach that’s temporarily reduced parking for beachgoers.

Commissioner Jake Spooner said state legislators should focus more on undergrounding projects, stormwater and drainage improvements and other infrastructure improvements.

Additional priorities

Another home rule-related legislative priority pertains to the continued local regulation of short-term vacation rentals. The city commission supports legislation that repeals the state preemption of the local regulation of short-term rental properties.

“Please reject efforts to restrict our abilities to locally respond to the needs of our community,” the priorities list says.

The commission supports property insurance reform that would address increasing insurance rates, claim duration processes, policy cancellations and benefits assignments.

Commissioners also support the expanded use of Manatee County’s 5% tourist development tax – much of which is generated by lodging establishments on Anna Maria Island. The priorities list notes Bradenton Beach has a resident population of approximately 1,200 people, but during weekends, holidays, peak tourist periods and busy beach days, more than 30,000 people occupy the city at any given time. The commission supports legislation to expand the use of those restricted tourist development tax revenues to also help fund additional policing services and infrastructure improvements.

The commission supports the preservation of the communication services tax and the local business tax and opposes legislation that modifies, restricts or eliminates municipalities’ authority to levy or collect those tax revenues that help fund city services.

The commission also supports legislation that provides recurring funding sources for programs and projects that preserve and enhance water quality and/or mitigate the negative environmental and economic impacts of red tide and other harmful algae blooms that threaten public waterways.

The commission unanimously approved the revised legislative priorities list that now includes the commission’s opposition to the legislative actions proposed by Robinson and the Manatee County legislative delegation.

Sunshine lawsuit judge rules in favor of city recovering attorney fees

Sunshine lawsuit judge rules in favor of city recovering attorney fees

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

BRADENTON – Manatee County Circuit Court Judge Edward Nicholas has granted the city of Bradenton Beach’s motion to recover attorney fees incurred in the Sunshine Law lawsuit the city and co-plaintiff Jack Clarke filed in 2017.

Nicholas has not yet determined how much former Planning and Zoning Board members Reed Mapes, John Metz, Patty Shay and Bill Vincent, and former Scenic WAVES Committee members Tjet Martin and Rose Vincent, as defendants, will be ordered to pay the city.

Nicholas granted the city’s motion during a Thursday, Nov. 7 hearing at the Manatee County Judicial Center in Bradenton.

In July, Nicholas ruled all six city advisory board members violated the Florida Sunshine Law in 2017 when they discussed public business at their Concerned Neighbors of Bradenton Beach (CNOBB) meetings. The defendants are appealing that July ruling.

According to City Treasurer Shayne Thompson, the city had incurred approximately $468,000 in attorney fees and legal costs as of last week, not including costs associated with attorney Robert Watrous, City Attorney Ricinda Perry and paralegal Michael Barfield’s preparation and appearances at Thursday’s hearing.

Attorneys Thomas Shults and Jodi Ruberg represented Metz and Nicholas noted the legal arguments Shults presented also applied to the five pro se defendants who no longer have attorneys.

Attorney arguments

When presenting the city’s request for attorney fees, Watrous said, “Who caused the situation that necessitated the city of Bradenton Beach and Jack Clarke to take action? That was the actions of the defendants. Was this a situation where they accidentally stepped over the line? From the clear reading of your honor’s judgment, the answer is emphatically no. This was an intentional and calculated effort by the defendants to get around Florida law and to not abide by the public records law,” Watrous said.

Shults’ legal arguments centered on whether a city can sue its own advisory board members. Shults argued the city must first sue itself.

“For the city to request the award of attorney fees against the individual they must first obtain an award of attorneys’ fees against itself or one of its agencies,” Shults argued.

Shults claimed this was the intent of the Florida Legislature when it adopted the Sunshine Law.

He also argued Chapter 286 of Florida Statutes does not provide for the award of attorney fees in a Sunshine Law case.

Shults noted CNOBB’s public meetings were open to the general public and the press.

“They said the Pledge of Allegiance at the beginning of these meetings and I think that’s wonderful,” he said.

In response, Watrous said, “Mr. Shults indicated the fact that these individuals said the Pledge of Allegiance before they started their CNOBB meetings. The problem is they didn’t follow that pledge.”

When appointed, city advisory board members swear to support, protect and uphold the Florida Constitution.

“They made a pledge to the State of Florida. They made a pledge to the government and they didn’t keep that pledge. That’s why the attorney fees should be awarded to my client,” Watrous said.

Judge’s ruling

When issuing his ruling, Nicholas noted all six defendants received Sunshine Law training.

“Once you chose to become a part of the city by choosing to be a member of a government advisory board the rules change. There are laws that apply. The defendants simply did not follow those rules,” Nicholas said regarding the defendants’ rights to assemble and discuss city matters.

“I’m not certain whether the Legislature intended individuals who clearly and unequivocally violated the Sunshine Law to be individually liable for attorney fees when sued by their own municipality. I do know that the purpose of the attorney fees provision is to discourage violations or potential violations of the Sunshine Law,” Nicholas said.

Nicholas referenced warnings and opinions the advisory board members received from Perry, Mayor Bill Shearon and others in 2017.

“Recall on July 25th, the city attorney sent them an email saying stop meeting. Ms. Perry, on July 25th, said these meetings are in violation of the Sunshine Law. Recall that on July 27th, Mayor Shearon CC’d to all the defendants the fact that their continued CNOBB meetings could be a violation of the Sunshine Law. Recall that the defendants sent a letter to the Florida Ethics Commission seeking advice about whether those meetings were violations of Sunshine Law. Recall that they made an inquiry to the Attorney General’s Office inquiring as to whether or not those meetings were a violation of the Sunshine Law,” Nicholas said.

“Even after being warned in two emails and not being able to be told by the Florida Ethics Commission and the Attorney General that ‘Yes, feel free to continue to meet,’ they did so on August 3rd,” Nicholas said.

“All the meetings were violations of the Sunshine Law, but it’s that August 3rd meeting that’s so problematic. It was this meeting that the city attempted to prevent. It was that continued meeting, after being put on notice that these meetings are in violation of the Sunshine Law,” Nicholas said.

“The city should not have had to bring this action. Once the defendants continued to meet after being warned not to do so, their continued meeting was at their own peril,” Nicholas said.

“I will grant the city’s motion for attorneys’ fees and costs and reserve jurisdiction for purposes of determining that amount,” Nicholas concluded.

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Bradenton Beach Sunshine lawsuit Mapes

Trial date set for Sunshine lawsuit

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

BRADENTON BEACH – The Sunshine Law lawsuit involving six former city board members is tentatively scheduled for trial on or around March 11.

The trial date was established during a Monday, Dec. 3, case management hearing. City attorney Ricinda Perry then provided city commissioners with an update during the commission’s Thursday, Dec. 6, meeting.

Perry said the parties involved have agreed to a pre-trial mediation session on Feb. 25 in an attempt to reach a settlement before the case goes to trial.

First Place
First Amendment Defense
Jon A. Roosenraad Award
2019

“Nothing can be binding until it comes before you all,” Perry told the commission regarding any proposed settlement.

Perry said the goal is to try to convince some or all of the defendants to apologize for their past actions and come up with a reasonable settlement.

Perry said she’s not optimistic about a settlement because John Metz’s attorney, Tom Shults, recently scheduled depositions for her, city resident Jack Clarke, City Planner Alan Garrett and City Clerk Terri Sanclemente.

Filed on behalf of the City Commission and Clarke as co-plaintiffs in August 2017, the lawsuit alleges Planning and Zoning Board members Reed Mapes, Metz, Patty Shay and Bill Vincent, and Scenic WAVES Committee members Tjet Martin and Rose Vincent violated Florida’s Sunshine Law.

The allegations pertain to open public meetings and discussions about city matters that had or could foreseeably come before the board and committee members in their official capacities. The lawsuit also alleges violations of Florida’s public records law regarding private email exchanges in which the defendants discussed parking garages and other city business.

During the July 25, 2017, Concerned Neighbors of Bradenton Beach (CNOBB) meeting, Mapes proposed a charter amendment initiative that would have prohibited parking garages citywide if pursued and adopted. During that meeting, Metz and others also expressed opposition to parking garages. That meeting was recorded and posted on the CNOBB website.

When Perry learned of that discussion, she told the commission a request to build a parking garage would require Planning and Zoning Board review and would likely require Scenic WAVES Committee input too. Perry feared this now put the city at risk of being sued should an application to build a parking garage be submitted.

The commission later voted 4-1 in favor of taking legal action, with then-mayor Bill Shearon casting the only opposition vote.

The lawsuit seeks a judge’s ruling as to whether the violations occurred. The city also seeks to recoup some of its legal costs if the defendants are found guilty. As of last week, those fees totaled $116,305.

Mapes letter rebutted

While discussing these matters last week, Perry and Mayor Chappie rebutted what they said were some false claims contained in a letter written by Mapes that was recently published in both Island newspapers.

“The city codes at the time did not allow for a parking garage and still don’t. Our discussion was about an initiative, not about a parking garage,” Mapes stated in his letter

When Mapes proposed a citywide parking garage prohibition in 2017, the city’s comprehensive plan and land development code still allowed parking garages in several areas. It was not until August of this year that the commission adopted two ordinances that now prohibit multi-level and stand-alone parking garages throughout the city.

Mapes’ letter also referenced the only known settlement offer to date: “They could have accepted our initial offer to give token amounts to charity and resign from the boards and walk away,” he wrote.

On Sept. 5, 2017, attorney Jim Dye, on behalf of his five clients at the time, minus Metz, submitted to attorney Robert Watrous the first and only settlement offer.

Dye’s letter noted the five defendants he represented had all resigned from their city positions and were willing to pay $100 each toward the city and Clarke’s legal fees, with no admission or denial of liability or fault. There was no mention of any charity.

Watrous’ written response to Dye said, “My clients categorically reject your settlement offer.”

Last week, Chappie said, “With regards to some claim by him (Mapes) that a settlement offer was made with a donation to charity, that’s the first I heard of this. What are you trying to do, putting out a totally false statement to the people of our community? That never happened,” Chappie said.

Chappie noted the settlement offer was proposed when the city’s legal costs were only about $5,000, and all the commission wanted was an admission of guilt and to have the city’s legal costs taken care of.

“They flat-out said no and countered with $100 from each and that was it,” Chappie said.

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More thoughts shared by commission candidates

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

BRADENTON BEACH – City Commission candidates Ralph Cole, Marilyn Maro, Tjet Martin and John Metz recently shared their thoughts on their campaigns and the issues the City Commission deals with.

Cole and Maro currently serve on the commission, and Martin and Metz are trying to unseat them.

– Joe Hendricks | Sun

Some of the candidate’s answers to The Sun’s questions ran in last week’s issue and here are some more of the candidates’ views.

What qualifications and experience do you/would you bring to the commission?

Cole: I’ve been a commissioner for three years. I chair the CRA, I’m a property owner, I’m a business owner, I’ve been a resident for 39 years and my father was mayor.

Maro: I’ve been a commissioner and CRA member for two years. I’ve been in business, and I’ve taught intercity vocational education. I listen well, and I think before I act.

Martin: I know our ruling documents. I was Scenic WAVES chair getting projects completed. I have regularly participated in city matters. I am an independent thinker.

Metz: Doctor of Laws degree, three-plus years on the Planning and Zoning Board, 10 years on the city of Oceanside Beach and Harbor Advisory committee with five years as chairperson and managing two successful businesses.

What are your thoughts on the commission’s 2018-19 fiscal year budget?

Cole: I’ve done three budgets, and we’ve been going in the right direction. We’ve got stability, we’re not going broke and our staff does a really good job with the budget.

Maro: We’ve done an excellent job on the budget, and we’re in real good shape.

Martin: I have concerns that it will be a balanced budget. I don’t think there was enough money allocated for neighborhood improvements.

Metz: No tax increase is needed or should occur.

If you could complete one city and/or CRA project in the next two years what would it be?

Cole: The undergrounding of the power lines on Bridge Street, finishing the day dock, adding finger docks and creating a living shoreline.

Maro: The underground wiring, the design vision of Emily Anne Smith and the seagrass mitigation near the pier.

Martin: Improvements at Katie Pierola Park and the anchorage in the CRA district.

Metz: Mooring field.

Should the City Commission retain the sole authority to hire and fire department heads and the charter officials that include the city clerk, city attorney and police chief?

Cole: If we allowed a city manager to hire and fire our city department heads or anybody else, every two years we could end up with new staff. Right now, we have good stability, and we know what we’re working with.

Maro: Yes. I think it should be a group decision made by the commission.

Martin: Not as a whole, but together with city manager recommendations.

Metz: No.

What thoughts do you have on the still pending Sunshine Law lawsuit the commission filed against six former city advisory board members in 2017?

(Metz and Martin are among the six defendants named in the lawsuit that alleges Sunshine Law violations were committed by Planning and Zoning Board and Scenic WAVES Committee members.)

Cole: I didn’t ask any of our advisory board members to go out and have meetings outside of city hall. I felt that when CNOBB did their charter amendment initiatives I couldn’t participate in those meetings without fear of breaking the Sunshine Law. I believe the transparency of the Sunshine Law is very serious.

Maro: That’s up to the judge and the attorneys.

Martin: The commission should have followed resolution 16-853 that deals with board and committee members, or the state ethics commission could have done the investigation.

Metz: The case should never have been brought and will cause financial loss to the city. The situation was totally mismanaged, misjudged and such drastic measures against volunteers was avoidable.

If elected, how would being a defendant in the lawsuit impact your ability to serve as a commissioner?

Martin: It wouldn’t.

Metz: None. I would recuse myself on any vote about it.

If elected, would you seek a commission vote to dismiss the lawsuit or would you want the case to move forward so a judge can determine if the alleged Sunshine violations occurred?

Martin: I want the case to be settled as quickly as possible.

Metz: I would recuse myself on any vote concerning it.

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Bradenton Beach budget

Bradenton Beach gets good budget review

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

BRADENTON BEACH – City Commissioners praised City Clerk Terri Sanclemente and City Treasurer Shayne Thompson for the clean audit of the 2016-17 fiscal year budget.

On June 13, auditors Randy Dillingham and Jeff Gerhard reviewed with the City Commission the written audit report pertaining to the 2016-17 fiscal year that ended in September.

At year-end, the city had $6.25 million in cash, investments and capital assets. The city ended the fiscal year with a $2.25 million general fund balance and $262,850 in short-term liabilities. This resulted in $1.86 million being carried into the current 2017-18 fiscal year, with $552,143 of that in unassigned funds available for spending at the commission’s discretion.

The city received $2.74 million in revenues and had $2.81 million in expenditures. Dillingham said the city spent $68,900 more than it collected, but spent $285,664 less than originally budgeted. Dillingham said the general fund decreased by $157,038, which was less than $242,866 originally anticipated.

Dillingham said the city collected $195,736 less than budgeted, most of which was due to the one-year delay incurred when transferring stormwater fee billing from the city to the county. Dillingham said the budget would likely have ended with a zero deficit or a positive gain if not for that.

“We all understood that when the budget was adopted,” Mayor John Chappie said.

The Community Redevelopment Agency (CRA) had a $1.47 million year-end fund balance that included $359,779 in CRA tax revenues transferred from the general fund. The Tingley Memorial Library had a $504,782 fund balance that decreased by $31,990.

“During the audit, we did have 10 adjustments to the statements. That’s a reduction. Every year it’s been going down,” Dillingham said of the year-end adjustments.

“You’re in good financial position,” he concluded.

Commission praise

“The last three or four years have been challenging,” Chappie said.

“When Terri came in, it (the budget) was in bad shape. An elected official was saying things weren’t right, the budget’s terrible. You guys stuck to the plan and the city is right where it needs to be. I want to thank you,” Chappie said to Sanclemente.

“Thank you for everything you’ve added for transparency and accountability,” he said to Thompson.

After the meeting, Chappie said former mayor Bill Shearon was the elected official he was referring to.

“We have a really good staff on board to take care of us,” Commissioner Ralph Cole said.

“We have a great staff,” Commissioner Jake Spooner added.

“I would like to thank all of the departments. We all worked closely together to make this happen. I want to thank the commission too because you’re a big part of what we do,” Sanclemente said.