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City revising condominium milestone inspection ordinance 

Written by Sun staff on . Posted in Bradenton Beach, Community News.

STORY BY LESLIE LAKE AND JOE HENDRICKS

BRADENTON BEACH – City Attorney Erica Augello has revised for second reading a city ordinance that pertains to state-mandated milestone inspections for condominium buildings that have three or more habitable stories and have reached the age of 25 or 30 years. 

The city ordinance presented on first reading during the March 5 city commission meeting did not reference “habitable” building stories. The revised ordinance included in the March 19 city commission meeting packet now includes the word “habitable” and brings the city ordinance in line with state law that regulates milestone inspections. 

According to the state law enacted in 2024 and amended in 2025, “An owner or owners of a building that is three habitable stories or more in height as determined by the Florida Building Code, and that is subject in whole or in part to the condominium or cooperative form of ownership as a residential condominium under chapter 718, or a residential cooperative under chapter 719, must have a milestone inspection performed by Dec. 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.”

Many three-story condo buildings in Bradenton Beach feature two habitable floors located above a non-habitable ground-level parking area. The Sun is not aware of any condo buildings in Bradenton Beach that feature three habitable floors, but some may exist. The city charter and the city’s land development codes limit total building height to the equivalent of three stories.

The Gulf View condo buildings have two habitable stories. – Joe Hendricks | Sun

The revised city ordinance to be presented on March 19 now reads as follows: “A condominium association, as defined by Chapter 718, Florida Statutes, and a cooperative association, as defined by Chapter 719, Florida Statutes, must have a milestone inspection performed for each building that is three habitable stories or more in height by Dec. 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.”

The city ordinance presented on March 5 did not reference habitable stories and it read as follows: “A condominium association and a cooperative association must have a milestone inspection performed for each building that is three stories or more in height by Dec. 31 of the year in which the building reaches 30 years of age, or 25 years if the building is located within three miles of the coastline, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.”

The revised city ordinance now references habitable stories. The revised ordinance no longer references buildings located within three miles of the coastline or buildings that reach the age of 30 years.

CITY CLARIFICATION 

When contacted by The Sun, Bradenton Beach Building Official Rob Perry, on March 11, confirmed that Florida Statute 533.899 references habitable stories. He said the state’s milestone inspection regulations pertain to condominium buildings with three or more stories of habitable space. He said parking and storage areas are not considered habitable space according to the Florida Building Code. 

When asked why the city ordinance presented on March 5 did not reference habitable stories, Perry said there was some “confusion” due to an amendment to the state law in 2025. 

The milestone inspection laws first enacted by the Florida Legislature and the governor in 2024 did not reference habitable stories. The state statute amended in 2025 includes the word “habitable” and requires milestone inspections for condo and co-op buildings that have three or more habitable stories.

The amended state law allows local governments in coastal areas to shorten the local inspection requirement from 30 years to 25 years.

According to the 2025 state statute, “The local enforcement agency may determine that local circumstances, including environmental conditions such as proximity to saltwater, require that a milestone inspection must be performed by Dec. 31 of the year in which the building reaches 25 years of age.”

The revised city ordinance to be presented on March 19 references buildings that have reached the age of 25 years. 

INSPECTIONS

According to Florida Statute 553.899, “Milestone inspection means a structural inspection of a building, including an inspection of load-bearing elements and the primary structural members and primary structural systems, by an architect licensed under chapter 481 or an engineer licensed under chapter 471 authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair or replacement of any structural component of the building.”

CITY REGISTRATION

Sec. 26-132 of the revised city ordinance includes a registration process for certain condominium and cooperatively owned buildings in Bradenton Beach.

The revised city ordinance says, “In order to determine the inventory of structures in the enforcement area, all existing commercial and residential buildings operating as cooperatives or condominiums that are subject to the milestone inspection provisions of 553.899, Florida Statute, as amended, shall register with the Building and Planning Department by July 1, 2026.”

The registration process set forth in the city ordinance would require condo and cooperatively owned buildings that subject to the state’s milestone provisions to be identified as three habitable stories tall or higher, or be identified as less than three habitable stories tall.

According to the Florida Statute, only condo buildings and cooperatively owned buildings with three or more habitable stories are subject to the state’s milestone inspection provisions.

The Gulf Watch condominium buildings have two habitable floors over ground-level parking. – Joe Hendricks | Sun

The final adoption of City Ordinance 26-566 will bring the city into compliance with a state law that requires local governments to adopt an ordinance regarding milestone condominium inspections and inspection-related repairs. 

The state laws pertaining to milestone inspections also address condominium association reserve funds and additional structural repair-related financial responsibilities.

City to install guideline signs at pickleball courts

Written by Leslie Lake on . Posted in Pickleball, Sports.

BRADENTON BEACH – In response to resident requests, the city will be installing pickleball guideline signs at the city courts in Herb Dolan Park and Lou Barolo Park. 

Bradenton Beach resident Ed Dodge, along with other pickleball players, attended several city commission meetings and asked for rules to be posted at the pickleball courts, specifically to avoid having players monopolize the courts when others are waiting.

Modeled after the guidelines utilized at Manatee County-operated courts, the city commission, on March 5, adopted the following guidelines for the city’s pickleball courts: 

• “Proper attire and footwear required

• “If people are waiting, finish your match and rotate out until your turn comes up again;

• “If no one is waiting, you may continue playing.”

“We adjusted the county rules a little bit,” Mayor John Chappie said. “It’s always been laid back at Dolan and Barolo on the honor system. One might say it’s more of a suggestion that people follow these guidelines.

The city eliminated the following from the county rules:

• “No pets allowed;

• “No playing of music;

• “No profanity or foul language;

• “Smoking/Vaping prohibited in park.”

“The rules are going to work just fine,” Dodge said. “We’re not going to have any problems.”

Commissioner Deborah Scaccianoce expressed concern about the enforcement of the guidelines.

“I think if we put a sign up, people are going to assume we put it there and it’s going to be enforceable,” she said.

Commissioner Ralph Cole asked if the city is obligated to enforce the rules.

Filling in for City Attorney Erica Augello, attorney Robert Eschenfelder said. “If you sometimes enforce and sometimes don’t enforce, you may be accused of selective enforcement. I always recommend if you’re going to adopt a rule, make sure you’re willing to evenly enforce it. If you put it in your code, it becomes a code violation issue, but if you just post this is what we would like to happen in this park, I don’t see any issue with that.”

“If folks are coming from different places and the rules are different, and we have something posted there, it stops the back and forth,” Commissioner Scott Bear said.

Commissioner Robert Talham said he didn’t think the rules were needed.

“It’s one more thing we have to worry about,” he said. “We don’t need more rules. We need enforcement. Are we going to enforce this? No.”

Chappie said he preferred characterizing the signs as offering guidelines, as opposed to calling them rules.

“I like what you came up with,” Dodge said. “This will take all the conflict out. We’re just trying to make sure it’s fair.”

The motion to put up signs with guidelines at both city pickleball courts passed unanimously.

City officials discuss homes to be demolished

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

BRADENTON BEACH – City commissioners received an update on the influx of building permits sought for the construction of new homes. They were also updated on some pending home demolitions.

“There are 19 new homes being built,” Code Enforcement Officer Evan Harbus said during the Feb. 19 city commission meeting. “We’re also expecting some new permit applications to come in on 19 other empty lots.”

Harbus said he is working with Building Official Rob Perry on two homes that will ultimately be demolished.

“The big one right now is 2416 (Gulf Drive),” Harbus said. “It’s the blue house that sits on stilts on the beach. We spoke with the owner of the property and eventually that’s going to be demolished.”

Harbus said the city asked for temporary fencing to be placed around the house, which he described as “rotting.” He said the property owner is in talks with the state to get approval for a new house to be built.

“We’ve been working on blighted properties – buildings that are either falling down or may collapse,” Perry said. “For 2416 Gulf, the I-beams under there, I thought, were very critical. The stairs are pulling away from the building. I’m talking with DEP (Florida Department of Environmental Protection) representatives about putting safety fencing in the dunes around it.”

Perry said the building is unsafe and he’s been speaking with the owner about having the building demolished.

“I think that one is ready to fall into the beach,” Perry said. 

Another property officials expect to be demolished is the orange bungalow at 1203 Gulf Drive S.

City officials expect the home at 1203 Gulf Drive S. to be demolished due to hurricane-related damage. – Leslie Lake | Sun

“I’ve been in talks with the owner,” Harbus said. “They went for a grant from the Elevate Florida program but they were denied. They didn’t pass inspection. Rob and I are speaking with them and trying to figure out when that house will eventually be demolished.”

Elevate Florida is a Florida Division of Emergency Management program in which homeowners can apply for funding to elevate structures in flood-prone areas. 

“At 1203 Gulf Drive, he had a problem where he was trying to raise it,” Perry said. “My experience with raising these buildings is that it’s unsafe to raise old, wooden structures. They will not give you the grant because they feel it’s unsafe to raise those older structures that are over 50 years old, and they’re afraid they’re going to fall apart when they try to raise them.” 

As of July 2025, 33 hurricane-damaged homes have been demolished citywide since the 2024 hurricanes.

City facing challenges with FEMA reimbursements

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

BRADENTON BEACH – Police Chief and Public Works Director John Cosby outlined the challenges the city faces with the anticipated receipt of approximately $500,000 in hurricane-related FEMA reimbursements.

“FEMA (Federal Emergency Management Agency) is giving us pushback on six things they’ve just flatly denied, so we’re in the process of filing an appeal,” Cosby said during the Jan. 15 city commission meeting. “The appeal letters have already been sent.”

Cosby said eight additional claims are going back to FEMA for errors and omissions review.

“We didn’t agree on the language and some of the scope of work that was done,” he said. 

He said he was unsure how long the appeals process could take.

“They’re backed up and everybody is having issues, so there’s been a lot of appeals filed,” Cosby said. “It generally takes about 18-24 months and we’ve got $500,000 on the line. We utilized 70% of our reserves in order to recover (from the 2024 hurricanes).”

Cosby stressed that when the next budget is determined, the city has to be cognizant of putting more money into the reserve fund to prepare for storm events.

“We know at $2.3 million we were able to handle back-to-back hurricanes without borrowing,” he said. “Shayne (City Treasurer Shayne Thompson) did secure a $5 million line of credit and we’re going to renew that in April.”

Cosby said the city was fortunate because some of the contractors generously waited for payment, without charging a late fee, until ad valorem property tax revenues came to the city at the beginning of the year.

“That helped us not to have to borrow money, so we’re grateful for that. Again, we did very well financially with the money we had to still shell out, but we’ve got to get that back,” he said.

“The reason this happened was we thought that it would happen a little quicker,” Cosby said. “We do know that a lot of people are still fighting their insurance company for payments and it’s hard to get contractors, but there are a number of permits that have come in. I believe there’s 10 major developments in process. So, not this next budget year, but the budget year after, when the tax money starts coming in 2027, we should be good again.”

After the meeting, Thompson said there is some disparity between the city and FEMA for the cost of some repairs.

“If we say a road took $100,000 to fix, FEMA might be saying $13,000,” Thompson said.

He said a “healthy dent” has been made in the city’s reserve fund, but the city was fortunate to have the funds in reserve.

“The million (dollars) is the big bucket. The $500,000 has been obligated; they’ve agreed to it,” Thompson said. “The state has looked at it, now it’s in financial services for the state to issue the check. There’s $500,000 now that’s being disputed.”

Bradenton Beach: The Year in Review

Bradenton Beach: The Year in Review

Written by Leslie Lake on . Posted in Featured.

BRADENTON BEACH – Hurricane recovery, city staff changes and Pines Trailer Park’s existence marked 2025 in Bradenton Beach.

Pines

Pines Trailer Park residents received city approval to repair their hurricane-damaged mobile homes but on Jan. 4, park ownership, Pines Park Investors LLC, stated that the park will be closed.

Pines residents asked the city on Feb. 20 to deny any future land use or zoning change requests for the Pines Trailer Park by Pines Park Investors LLC or its manager, Shawn Kaleta. City Attorney Ricinda Perry said at a Jan. 16 Community Redevelopment Agency (CRA) meet­ing that the property owner had confirmed the planned redevelopment of the parcel.

The Pines Trailer Park Homeowners Association (HOA) Inc. filed a lawsuit against Pines Park Investors LLC in part to stop evic­tions and the park’s closure. On Aug. 8 the suit was dismissed pending a confidential settlement agreement allowing residents to remain at the park for an undisclosed length of time.

106 23rd Street N.

With 85% of a building project completed under a 2024 city permit, a stop work order was issued at 106 23rd St. N. by city Building Official Bill Palmer, who said the prior permit for the two-story addition was approved in error by the previous building official. After discussion at five city commission meetings, commissioners reached a compromise solution and approved a special use permit for the property.

Turtles

With the loss of sand dunes from Hurricanes Helene and Milton last year, Anna Maria Island Turtle Watch and Shorebird Monitoring Executive Director Kristen Mazzarella expressed concern about a possible increase in sea turtle disori­entations.

“Without dunes as a barrier, hatchlings and adult sea turtles that head towards artificial light may find their way into the road,” Maz­zarella said

Hay bales were placed along beaches to mimic dunes.

Turtle release

Hundreds of onlookers gathered at Coquina Beach on June 23 for a scheduled loggerhead sea turtle release. The sea turtle, named Winnie, had laid her nest earlier that day and was outfitted with a satellite tag prior to her release. She participated in the Sea Turtle Conservancy’s Tour de Turtles race and finished in 10th place.

 Green turtle record

Anna Maria Island Turtle Watch and Shorebird Monitoring celebrated green turtles breaking their 2023 record of 12 nests on Anna Maria Island.

“We now have 13 green turtle nests on the Island and hope to get even more before nesting season comes to a close,” Turtle Watch Executive Director Kristen Mazzarella wrote in a July 25 email.

The majority of turtle nests on Anna Maria Island are laid by loggerhead sea turtles.

Building official termination

The city suspended the contractual services of Building Official Darin Cushing on Jan. 22 pending discussion at an upcoming city commission meeting.

Mayor John Chappie did not give a reason for the suspension, but the city had been at odds with Cushing over his approval of a permit for the tiki hut at Drift-In on Bridge Street.

On Jan. 21 Cushing had posted on Facebook, writing in part: “They’re trying to take me out to bend over for developers. I will not compromise my integrity or my license.”

Chappie read aloud a memo at a Feb. 20 city commission meeting addressing the job performance of Cushing, outlining what the city said were deficiencies in his performance.

Bill Palmer, the city’s new building official, began work on March 5 and laid out a timeline as he stepped into his new role.

“My initial focus as building official will be reviewing the permits we have in backlog for storm-related repairs so people can get back into their homes and then work on new construction permits,” Palmer wrote in an email to The Sun.

Drift-In tiki bar

The construction of a tiki hut at the Drift-In bar triggered a major development application.

City Attorney Ricinda Perry said at a Jan. 16 city commission meeting that a permit approved by Cushing for the construction should not have been issued based on the city-owned easements on the property, as well as the size of the new tiki structure. She said the project should be classified as a major development and must undergo a public hearing process.

Bradenton Beach: The Year in Review
Drift-In celebrates 100 years in Bradenton Beach after undergoing major development process and easement exchange with city following construction of a larger tiki hut. – Leslie Lake | Sun

Commissioners unanimously approved the Drift-In’s major development application on April 8.

The Bridge Street bar reopened, at least temporarily, pending city review, on April 4.

City commissioners unanimously approved an amended easement agreement at a July 17 meeting.

In October, the Drift-In celebrated 100 years in Bradenton Beach

Bungalow Beach

Bungalow Beach Resort owner Gayle Luper filed a lawsuit against the city after commissioners denied her a permit to offer paid parking through the use of a resort pass.

Commissioners questioned paid public parking through the purchase of a resort pass, saying the beachfront bungalows at 2000 Gulf Drive N. had been destroyed during Hurricane Helene.

During a quasi-judicial hearing on the application on April 17, City Plan­ner Luis Serna recommended denial of the application and city commissioners denied the paid public parking lot application. They allowed a temporary use permit allowing only Luper, resort guests and employees to use the lot daily until 9 p.m.

Luper appealed the decision at a July 19 quasi-judicial hearing. Special Master Marisa Powers later ruled that she, as the special master, did not have jurisdiction to override the city’s ruling.

Attorney retires

City Attorney Ricinda Perry’s 21-year tenure as the Bradenton Beach city attorney came to an end on Sept. 18 when she announced her immediate retirement at a city commission meeting.

Bradenton Beach: The Year in Review
City Attorney Ricinda Perry placed several document binders in front of Commissioner Deborah Scaccianoce when announcing her resignation. – Joe Hendricks | Sun

She made the announcement two days after city commissioners met to evaluate her performance following allegations that she had named Drift-In owner Derek Williams as the source of a Florida Department of Environmental Protection (FDEP) complaint against a neighboring business, the Anna Maria Oyster Bar.

In response to Williams’ public records request, FDEP confirmed that no complaint had been filed, which triggered a Sept. 16 work meeting. At that meeting, the commission granted Perry’s request to allow her more time to respond to the allegations.

New city attorney

In October, the mayor and commissioners appointed then-Holmes Beach City Attorney Erica Augello to serve as the Bradenton Beach city attorney on an interim basis for up to six months or until a permanent replacement for selected. At year’s end, Augello was no longer serving as the Holmes Beach city attorney and she may be considered as Bradenton Beach’s long-term city attorney in 2026.

Changes in officials

Ward 4 Commis­sioner Jan Vosburgh decided in August not to run for another term. Her seat remains open pending applications from interested parties.

Fred Bartizal was chosen as the new chairman of the Planning and Zoning Board at the board’s Nov. 5 meeting. Bartizal, owner of the Bridge Tender Inn, succeeded former chair Bill Morrow.

The Building Official outlined multiple items to be prioritized and addressed

Building official updates P&Z board on priorities

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

BRADENTON BEACH – At the request of the Planning and Zoning Board, Building Official Bill Palmer updated the board on building depart­ment activities and outlined multiple items to be prioritized and addressed at a Nov. 5 meeting.

“There are important items that need to be addressed and there are a lot of them,” Palmer said.

Palmer said the city’s floodplain ordinance needs to be updated to the minimum required for compliance with the National Flood Insurance Program (NFIP).

“Right now, we’re not even at the minimum compliance that we need to be with the NFIP. We had to do mini­mum updates that should have been done a year ago or two years ago,” he said. “The issue that we’re having now, and this comes into play when we talk about looking into our pools and impervious surfaces and stormwater mitigation and making changes, is that our governor pushed to have SB 180 and it prohibits governments from putting any more restrictions on regulations during the time period until October 2027. Anything we do, quite honestly, would be more restrictive and we’re not allowed to do that. Our hands are tied with a lot of things.”

SB 180 prohibits local governments from enacting restrictive regulations through comprehensive plans and land development regulations.

Palmer said the reason that is problematic for the city is because there is a major FEMA audit coming up in April 2026.

“That ordinance needed to be done in order for us to meet the minimum requirements,” Palmer said. “FEMA understands that the state’s throwing a wrench in this because we can’t make anything more restrictive, so we’re at a standstill with the floodplain ordinance.”

He said the city’s FEMA consultant is waiting to hear from the agency for guidance.

“Until Tallahassee makes changes or until the time runs out in 2027, then we’re allowed to do some of the things that have piled up, but we just can’t do them right now,” Mayor John Chappie said.

Another item that Palmer said needs to be addressed is that the city’s comprehensive plan needs to be updated by a June 16, 2026 deadline.

“The city’s comp plan needs to comply with certain regulations which we’re not doing right now,” Palmer said.

“A review of stormwater mitigation and practices – we have that on our list, but again we cannot make any changes,” he said.

Palmer said general amendments to the city’s Land Development Code (LDC) are also needed.

“Since I got here and have gotten up to speed, we’re finding that it really needs to be cleaned up a lot,” he said. “Definitions are missing, definitions need to be modified or tightened up. We’re finding that when somebody wants to develop something, we may have an idea what the intent of it is, but the verbiage isn’t there for us to enforce it.”

“For us to take on all these other projects that need to be done it’s going to be a lot of work, so they need to be prioritized,” Palmer said.

Since the beginning of 2025, the building department has issued 778 permits, an increase of 69% over the previous year, and has conducted approximately 1,800 inspections, according to Palmer.

“Right now, we’re dealing with approximately 10 major develop­ment projects all at different phases of submittal and that’s taking up a lot of time,” he said.

Palmer said some of those applica­tions are incomplete at this time. He said it may be months before the Planning and Zoning Board would consider a major development project.

According to Palmer, those poten­tial projects, which are at various phases from design to submittal, are:

  • 2000 Gulf Drive N. – new hotel;
  • 107 Eighth St. S. – pool and density;
  • 104 First St. N. – mixed use café/duplex;
  • 900 Gulf Drive N. – parking lot;
  • 306 Gulf Drive S. – variance setbacks;
  • 135 Bridge St. – tiki hut;
  • 100 Fourth St. S. – motel;
  • 206 Church Ave. – bed and breakfast;
  • 201 Second St. N. – new fire station; and
  • 103 Church Ave. – mixed use development.
Bradenton Beach resident prepared after 2024 storms

Bradenton Beach resident prepared after 2024 storms

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

BRADENTON BEACH – Thirty two-year Gulf Drive resident Lynne Budzinski did not leave her home during the 2024 hurricanes, but this year she is well-prepared to do so if necessary.

Budzinski, who has five parrots at her home, has their transport cages ready to go in the event of a future evacuation.

“Here’s something people need to think about. Evacuating for a storm is not going to visit friends for a day or two,” Budzinski said. “You go because you think you may have nothing left when you come back. If you think you won’t have anything left, you have to take what you need to get by for at least a month or so. For them (the parrots) that means the big cages.”

Bradenton Beach resident prepared after 2024 storms
Lynne Budzinski’s parrots will go with her if she evacuates for a hurricane. – Leslie Lake | Sun

She said she began getting ready in August, by constructing smaller hurricane transport cages. The larger cages will be disassembled for trans­port and then reassembled.

“So, once they go in those little cages I have to come in here and take these apart and they have to go out also, that’s a day,” Budzinski said. “I have a place in town I can go. It would be me and five birds. I can’t take the larger birds in their big cages. If a storm comes, I have to clear my van out to get the birds and their cages in there.”

“I can do an evacuation by myself,” she said. “You have four or five days max to get it all done.”

Reflections on 2024 storms

“You know how they say the sound of running water is soothing? Not when it’s going by your window,” she said.

Budzinski said water was at her door during Hurricane Helene, but never came into the house.

“There was one point about 10 o’clock I asked myself, ‘Have I made a horrible mistake by staying?’ ” she said.

“I came out the next morning, I had two cars sitting here and they both started,” she said. “Everything had this slick sort of slime. It was so slippery. It was like walking on greased glass.”

With declining water pressure, Budzinski said she spent the first day after the storm hosing her yard down.

She said the sand in the alley behind her house was about 2 feet high, and she dug a ramp to get the cars up and cleared the entry.

“Mother nature dumped a sand bar on us,” she said.

Budzinski opened an accessory apartment in her home to friends who were unable to remain in their homes.

She said her asthma symptoms became worse following the hurricanes.

“It got to where I couldn’t… it was so hard for me to walk around my house without resting,” she said. “This was due to the stress.”

Preparing for future storms

“Unless they’re predicting a direct hit, I won’t be leaving,” she said. If it’s coming up the coast, I’m not going to bother.”

She has 12 2-liter bottles filled with ice, so as they melt, they can be used as drinking water.

Her storm shutters are ready on the ground next to the building.

She is prepared for power outages.

“In that situation if your power goes out and you have a lantern, get a big piece of white paper and hold it behind it, as a reflector,” Budzinski said. “You can light an entire room off of one lantern.”

BB Attorney Performance

Commissioners to give Perry more time to respond to allegations

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

BRADENTON BEACH – City Attorney Ricinda Perry maintained at a Sept. 16 work meeting that she was not provided proper notice or adequate time to prepare a response to allegations that she had named Drift-In owner Derek Williams as the source of a violation complaint against a neighboring business.

The meeting was called to discuss “City Attorney Performance” based on reports that Perry named Williams as having made a complaint to the Florida Department of Environmental Protection (FDEP) against the Anna Maria Oyster Bar (AMOB) for three over-water tiki structures. Williams subsequently made a public records request to the agency and the response from FDEP was that there was no complaint filed, instead, the violation was seen during a routine inspection for the city’s submerged land lease renewal.

“At the most recent meeting (Sept. 4) I addressed the commission and more specifically Attorney Perry about the accusation that ‘Derek Williams filed a complaint with the Florida DEP about the city pier,’ Williams wrote in a Sept. 9 email to Mayor John Chappie and Police Chief John Cosby.

Williams included the email response from FDEP Public Information Specialist Brian Humphreys, which stated, “I’m in receipt of your request for public records regarding 200 Bridge Street, Bradenton Beach, FL. I checked with our staff who advised we are unaware of any complaints received for that site, so I have no complaint records to share with you.”

That correspondence triggered the Sept. 16 meeting.

BB Attorney Performance
The Bradenton Beach City Commission discussed the possibility of dismissing the city attorney. – Joe Hendricks | Sun

“I wanted to bring this before the commission to see what kind of direction, to see what your questions are for Mr. Lincoln,” Chappie said. “We have the backup material that has been provided from the meeting on Sept. 4, we have the email from Mr. Williams on Sept. 9 and we will be bringing into the record the public comment from Mr. (John) Horne.”

Attorney Robert Lincoln spoke on behalf of the city at the Sept. 16 meeting. He referenced an email Perry sent to Chappie on Sept. 15.

BB Attorney Performance
Serving as special counsel to the city, attorney Robert Lincoln said the city doesn’t need to show cause to dismiss a charter official. – Joe Hendricks | Sun

That email stated in part: “The notice for this meeting was posted on Friday afternoon, Sept. 12, 2025. There is no stated emergency necessitating an expedited meeting.”

She noted that the Sunshine Law requires that meetings of collegial public bodies be open to the public and preceded by reasonable notice.

“Last minute Friday notice for a meeting for two business days later concerning the performance of a charter officer does not satisfy those standards,” Perry wrote, and requested that the meeting be rescheduled with “reasonable advance notice and an agenda that identifies the specific topics to be discussed.”

“Should the meeting proceed as scheduled, I object to proceeding on the current notice and reserve all rights and remedies available under Florida law,” Perry wrote.

Lincoln said there are cases in which 72 hours of weekend notice of a special meeting are sufficient.

“To the extent that you have a workshop today to discuss her performance, I don’t think there is any question that was adequately noticed,” he said.

Lincoln said the notice issue could be subject to challenge and recommended that if the commission chose to take formal action, it might be better done at a later meeting.

“I think it would address the issues Ms. Perry raised not only on the Sunshine Law, but on the question of fairness,” Lincoln said. “The commission by majority vote can terminate her but can make that decision any time. I think that the agenda that the mayor laid out provides for a workshop discussion.”

Perry speaks

“Mayor and commission, I’m not going to regurgitate the correspondence that’s in your file. I have retained Michael Barfield, who is a pre-eminent expert on Sunshine Law and public records. When I generated that correspondence it was after conferring with Mr. Barfield,” Perry said.

She said she and Barfield agreed that it would be improper to proceed at the Sept. 16 meeting.

“What the city has always done is take the strongest position on transparency possible, has always taken the most cautious approach as possible when it comes to public meetings and public records,” Perry said.  “I would expect that this proceeding for someone who is in the 21st year of service to the public as a charter official to have that same measure.”

She said it was unreasonable to provide her with just two days to respond to the allegations and work with Barfield to produce an adequate response.

“To parade me in front of the public, in my opinion it’s not just my rights that I’m asking the city to protect, but it’s future department heads and government officials. They’re entitled to more than two business days to have a clear and open discussion that the public is entitled to,” Perry said. “I’m sure everybody wants to hear both sides of what’s going on. In my opinion (the newspapers) saying there is going to be a meeting, that is not sufficient notice.”

Perry said she deserves an opportunity to adequately put together the records that are needed and was not prepared to address the allegations in a substantive fashion.

“I have hired an expert to do that, and I would like an opportunity to make my case,” Perry said. “My notice was the same notice the public received, an agenda packet. How is that reasonable?”

Public comment

A letter in support of Perry from AMOB CEO John Horne was read into the record.

The letter stated in part: “I wish to extend my deepest appreciation for the tireless efforts of our city attorney. Her leadership and commitment during the recovery effort for Bradenton Beach residents and merchants cannot be overstated.”

BB Attorney Performance
The positioning of the Anna Maria Oyster Bar’s small tiki structures prompted a FDEP violation letter. – Joe Hendricks | Sun

“I just want to say that it’s very discouraging that we’re to this point,” said Helena Williams, co-owner of the Drift-In. “One thing we noticed early on is the uncanny way local business and property owners are pitted against each other.

“Lawyers are to be held to a higher standard,” Williams continued. “Ethics and morals matter. There is a reason we are being dragged into this. We’ve asked some tough questions. We deserve honest answers. Help us remove our doubt and stop the lies.”

Gayle Luper, owner of Bungalow Beach Resort, said Perry continued to be involved in her dispute with the city despite Lincoln being appointed to conduct the hearing for Luper’s petition to allow resort fee-based parking.

“For the city to move forward, Ms. Perry’s role should end. I’m asking you to terminate her,” Luper said.

BB Attorney Performance
Drift-In owner Derek Williams mentioned the city attorney’s recent comments about a FDEP violation letter. – Joe Hendricks | Sun

“I don’t understand why I’ve been treated the way I’ve been,” Derek Williams said. “This is damaging and defaming to me and my family and the things we’re trying to do.”

BB Attorney Performance
Longtime Bradenton Beach resident Jim Hassett expressed his support and appreciation for the city attorney. – Joe Hendricks.

Ryan Davis and Jim Hassett spoke in support of Perry and her efforts following the hurricanes.

Commission comments

“What she’s done for the businesses and the city I would give her an A+,” Commissioner Jan Vosburgh said.

“She has the right to defend herself or to clear her name,” Vice-Mayor Deborah Scaccianoce said. “Any decision we make should be an informed decision, not a one-sided decision. I don’t have any documentation to negate or support anything. It’s not fair to Derek and what he’s told us and it’s certainly not fair to Miss Perry.”

Commissioner Scott Bear said Perry has done great work for the city after the hurricanes.

“We have information that was provided that looks pretty damning, but I honestly don’t think providing two days’ notice for Ricinda to properly provide a response is enough, so I don’t think we should be making any decisions today,” Bear said. “What I’d like to understand is who Ricinda talked to at DEP. I’d like to talk to those people to find out what the conversations were. I’d prefer that she be given time to provide a response.”

Commissioner Ralph Cole said more information is needed.

“I have no information for the reason for being here, other than one letter and the minutes of the meeting, which don’t accuse one particular person of anything,” Cole said. “The minutes say somebody or someone, there’s no name mentioned. I think everybody has the right to defend themselves, one side or the other and to see exactly why someone wants me to fire the city attorney. I would agree we need to prolong this.”

Chappie said he agreed with the commissioners and said individual rights need to be protected.

“I agree we need to give her more time,” Chappie said. “It’s tough. I know it’s tearing Ricinda apart and it’s tearing the city apart. We can set a time for the next meeting.”

No meeting date has yet been set.

The meeting video can be viewed in its entirety here.

Commissioners approve easement agreement for Drift-In

Commissioners approve easement agreement for Drift-In

Written by Leslie Lake on . Posted in Business, Restaurants | Bars.

BRADENTON BEACH – City commissioners unanimously approved an amended easement agreement regarding the Drift-In property at a July 17 meeting.

The Drift-In had been operat­ing under its temporary use permit, issued on March 20, pending final resolution of condi­tions that included completing a final easement agreement and legal description to be brought back to the commission for final approval.

Attorney Robert Lincoln, representing the city, spoke by telephone to the commission.

“When you approved the major development plan, you approved a concept for a change in the easements that have been previously granted by the prior owners to the city for basically sidewalks and landscaping,” he said.

The agreement that had been proposed was an easement swap between the Drift-In and the city.

Lincoln said the Drift-In is providing an additional easement area along the east end of Bridge Street and wrapping the building to go down Church Street. The city is releasing some of the depth of its easement area.

“What we’re now doing is bringing the actual amended easement back, release the original easements, replace them with the new easements and have the legal description that reflects the agreement that was offered at the prior hearing to change that configuration at the west end,” Lincoln said. “Given that we didn’t have the full legal description and therefore the full easement agreement in front of you last time, we felt that to make sure that everyone was happy today and 20 years from now we would bring it back to the commission for an official vote of approval and authoriza­tion for the mayor to execute on behalf of the city.”

Vice Mayor Deborah Scac­cianoce said she had hoped there would have been a survey showing the location of the easements in addition to the legal description.

“The easement graphic is complicated, and we were concerned about recording it in the actual agreement because the quality degrades,” Lincoln said.

City Attorney Ricinda Perry, who called in to the meeting, said she would have hoped there would be an overlay showing the new easement versus the old easement.

“I want to make sure the landscaping is actually going to fit,” Perry said. “The language as I’m reading it, it says it was south of an existing concrete sidewalk, and I know that the landscaping area is beyond the sidewalk. I’m not understanding the legal description versus what you would normally have a sketch. I think everybody should be extremely clear before deciding on this and give away rights, where your easement actually lies and where the landscaping is.”

Commissioners approve easement agreement for Drift-In
Attorney Scott Rudacille, representing Drift-In owner Derek Williams, speaks to commissioners during discussion of an easement agreement. – Leslie Lake | Sun

Attorney Scott Rudacille, representing Drift-In owner Derek Williams, showed sketches depicting both the existing and proposed easement areas to commissioners.

“The easement does run along the back of the sidewalk,” Rudacille said. “The landscaping that’s included is the landscaping within the pork chop there on the west side and all the landscaping that runs along the front of the Drift-In.”

“When we had our meeting that was the way I understood it, it was the edge of the sidewalk,” Mayor John Chappie said. “What was being offered was to the back of the sidewalk only. Where the sidewalk is now, and the pork chop area is part of the new easement.”

Hurricane-damaged homes set for demolition

Hurricane-damaged homes set for demolition

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

BRADENTON BEACH – So far, 33 hurricane-damaged homes have been demolished citywide since the 2024 hurricanes, two are permitted for demolition and building officials are now focusing on the removal of three more that do not yet have demolition permits.

The three properties are on the south end of the city at 104 10th St. S., built in 1930, and 801 Gulf Drive S. and 100 Ninth St. S., both built in 1949.

“After Hurricane Milton in October, we had numerous homes that needed to be torn down that were over 50% damaged,” City Code Enforcement Official Evan Harbus said at a July 17 city commission meeting. “We did give them plenty of time, but we are getting letters out and we are on it.”

At recent city commission meetings, Bradenton Beach Police Chief John Cosby noted that homes that were built up to current codes sustained very little damage, while the older ground-level bungalows did not fare as well against the storm surge from Hurricane Helene and the winds from Hurricane Milton.

Hurricane-damaged homes set for demolition
The hurricane-damaged home at 103 12th St. S., around the corner from the house at left, also has a demolition permit. – Leslie Lake | Sun

Two other hurricane-damaged prop­erties, 103 12th St. S. and 1201 Gulf Drive S., have been issued demolition permits with removal of those homes imminent, Harbus said.

“The yellow house, the one that’s leaning, I’ve been working with the gentleman that owns it, and he has been trying to salvage whatever he can out of there,” Harbus said. “He’s devastated and we’ve given him some leniency to get windows and certain things out of that property but hopefully within a week, or two or three we will see that house removed.”

The former home at 1201-A Gulf Drive S., a 1930 739-square-foot bungalow, sustained extensive damage when floodwaters lifted it off its foundation and it floated down 12th Street during Hurricane Helene. That property was demolished in October.

County, city officials discuss traffic management

County, city officials discuss traffic management

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

BRADENTON BEACH – Manatee County and Bradenton Beach officials discussed lengthening the eastbound merge lane on Cortez Road to improve traffic flow at the intersection of Cortez Road and Gulf Drive at a June 18 joint meeting.

“The state owns the property and from informal discussions we’ve had with FDOT (Florida Department of Trans­portation), they don’t have the money for it, but if the city, county, private people could work together to at least acquire the land or easements, the state could allow the city or county to work on improvements in that right of way or accept it for maintenance later,” Manatee County Deputy Director of Public Works Clarke Davis said.

“If the city were receptive to trying to make that right turn lane longer, leading up to that point, it would need a little bit of frontage of all the proper­ties leading up to it on Gulf Drive,” he said. “If all the pieces fell the right way, there should be a way to lengthen that turn lane by at least a couple hundred feet which might provide some relief for traffic at that intersection.”

Davis said such a project would require the city’s support.

“I would like to comment on the intersection of Cortez and Gulf and the idea of possible eminent domain or condemnation,” Mayor John Chappie said. “The city commission discussed this at our last meeting and we’re not commenting with regard to that until the Complete Streets Project is complete and also the Anna Maria Island Barrier Island Study to see what they come up with and we’ll decide our position.”

Chappie added, “I will tell you over the decades I’ve been around, the city com­mission has always been in opposition to eminent domain on anybody’s property.”

Chappie said growth on the mainland is contributing to traffic congestion on Anna Maria Island.

“I think we need to pay more attention not just what’s happening on the Island, but on the mainland, in particular with what we’re going to be facing pretty quick at the corner of 75th and Cortez Road and the 8,000 units, there’s a lot going in there and a lot of people are going to want to be coming down Cortez Road to go to the beach,” he said. “I’m hopeful that someone will come up with some ideas to reduce some of the traffic and the ability for those people that live there to be able to come out to the Island.”

Bradenton Beach Commissioner Ralph Cole suggested adding slow-speed vehicle lanes to Cortez Road and Manatee Avenue to accommodate those on golf carts and electric bikes.

“Cortez Road is wide enough that you could have a slow-speed vehicle lane going all the way up to 75th Street so that people could come from in town in their low speed vehicles and make it all the way down to the Island,” Cole said. “You could also incorporate pull-over spots if we really thought about it, if you’re driving down Gulf and holding traffic up and the bike lane is perfectly clear you could slide over and let traffic pass you.”

“Everybody is always trying to come up with a traffic solution for the island,” he said. “It’s probably one of the best ones and you could do it on Manatee Avenue too. Electric vehicles are evolving and we need to adapt. We’ve got the opportunity right now. You’re building a bridge and you’re widening the road. Now’s the time.”

Bradenton Beach commissioners discuss beach hole ordinance

Bradenton Beach commissioners discuss beach hole ordinance

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

BRADENTON BEACH – City com­missioners discussed the current city ordinance prohibiting the digging of holes on public beaches at the June 5 meeting.

“This was brought up by (Manatee County Natural Resources Director) Charlie Hunsicker a couple of weeks ago at the coalition of Barrier Island Elected Officials meeting,” Mayor John Chappie said.

Holmes Beach has since passed a city ordinance prohibiting digging holes on beaches within the city’s limits.

“One of the things that was brought up to me is that it would be nice to have all of the three cities with a very similar if not the same ordinance,” Chappie said. “People don’t know when they’re crossing into different cities.”

The Holmes Beach ordinance pro­hibits removal of sand or shell and digging on the beach and states in part, “No person shall possess on or about the sandy Gulf beach a metal shovel of the type customarily sold in a hardware store (not a children’s toy) unless part of a (permitted) construction project.”

Chappie said the Bradenton Beach prohibition does not apply to kids digging with small beach shovels but is intended to prevent injuries to people and entrapment of sea turtles caused by larger holes.

“This is dealing with having big garden shovels out there or as somebody phrased it, as ‘an over­excited father with his kids digging a huge hole’ and then they don’t fill them back in and somebody could trip and get hurt,” he said.

Chappie said he recently received an email from a man who wrote that his wife was in the hospital after falling into a large hole at the beach.

“She hurt herself pretty badly apparently, so I think it is needed,” he said.

City Attorney Ricinda Perry said the city already has a city ordinance on the books which prohibits digging on the beaches and beach accesses.

Perry referred to Sec. 46-36 – Removal of Natural Re­sources – under city ordinance number 08-404 which has been in place since 2008.

“No person in a park shall dig, remove or displace any beach sand, whether submerged or not, or any soil, rock, stone, tree, shrub or plant, down timber or other wood or material, or make any excavation by tool, equipment, blasting, or other means or agency,” that section states.

The ordinance states, “Park means a park, golf course, playground, beach, recre­ational center or any other area in the city, owned or used by the city, and devoted to active or passive recreation.”

“If you look at it, I don’t see the need to do anything more,” Perry said. “We have something on the books that prevents this from happening.”

The 2008 Bradenton Beach ordinance doesn’t limit or specify the depth of a hole that can be dug in the beach sand. The Manatee County, Holmes Beach and Anna Maria ordinances limit the depth of a hole dug in the beach sand to 1 foot.

Penalties and enforcement

“If a code enforcement officer from the county or somebody from the city is around at the right time and place, that’s when enforcement is going to happen, but our guys are not going to be out there looking for it,” Chappie said.

Commissioner Scott Bear asked if the city could assess fines for violations.

Perry said there is nothing in Holmes Beach’s proposed ordinance that provides for fines but said she and Bradenton Beach Police Chief John Cosby have been discussing city-wide penalties and modifications as they relate to code enforcement and traffic violations.

“If you don’t write it in the ordinance then it’s subject to difficulty applying a penalty for it,” Perry said. “The penalty that’s in the code that’s applicable is any person violating the provisions of this article shall be subject to expulsion from the park.”

She said the city has concurrent jurisdiction on the beaches with Manatee County.

“If they (Manatee County) have an ordinance with a fine associated with it, then we can have that particular fine be applicable,” Perry said.

A person convicted of violation of this code could receive a fine of not more than $500, she said.

“The way I see this, the city could issue a ticket like we do with turtle lighting issues and some other irreversible harm and add this to the ticket book for removal of sand, but it can’t exceed $500 per incident.”

Cosby said city fines and possible increases will be discussed at a Wednesday, June 25 city budget meeting.

Related coverage:
Anna Maria adopting ordinance prohibiting beach holes
Beach hole concerns deepen

 

City declares local state of emergency in advance of July 4 weekend

City declares local state of emergency in advance of July 4 weekend

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

BRADENTON BEACH – In the aftermath of large holiday crowds on the Island and at the request of Police Chief John Cosby the city commission approved a declaration of a local state of emergency for July 4-6.

“It’s not that there’s anything wrong, but we’re trying to be proactive,” Cosby said. “I need to be able to put people on call and pay out some extra overtime and there are some requirements in our emergency ordinance so I would like to activate that.”

According to the city’s emer­gency ordinance, the commission may approve “Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community.”

Cosby noted that on Memorial Day a lot of people were trying to get to the Island and were disregarding “no parking” signs.

“We’re ticketing and they’re laughing at our $75 ticket so that’s something we are going to discuss at the budget meeting,” he said.

The declaration states, “As Mayor of the City of Bradenton Beach, pursuant to the authority vested in the office of the mayor by virtue of Article II, Section 3, of the charter of the city of Bradenton Beach in order to ensure compliance with emergency preparedness declare a state of local emergency that will continue for three days… This local state of emergency includes all of the city of Bradenton Beach.”

“I appreciate everything you do and I know these holidays are extremely rough on your guys,” Mayor John Chappie said. If there’s anything we can do to help you and your police officers we will do that.”

The motion passed unanimously.

Commissioners prioritize CDBG-funded projects

Commissioners prioritize CDBG-funded projects

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

BRADENTON BEACH – City commissioners conducted a May 19 work meeting as they continue working toward fulfilling the program requirements to receive county-controlled Community Development Block Grant disaster relief funds.

In January, Manatee County was identified as a direct recipient of CDBG-DR funds to address unmet needs resulting from Hurricanes Debby, Helene and Milton in 2024.

“Lasting Manatee” is the name of the Manatee County allocation program that will distribute the $252.7 million Community Development Block Grant Disaster Recovery (CDBG-DR) grant the U.S. Department of Housing and Urban Development (HUD) awarded the county.

Bradenton Beach commissioners previously met with Manatee County Grants Manager Michelle Davis on May 8 to learn more about the CBDG-DR funds to be shared with the municipalities in Manatee County, including the three Anna Maria Island cities.

The funds for specific storm-related projects are to be allocated in proportion to each city’s percentage of the total county population, which is currently 441,095 residents. With 916 residents, Bradenton Beach will be allotted .21% of the $252.7 million awarded to the county, which equates to $530,069 for the city.

The program requirement timeline is:

  • Allocation of unmet needs: current
  • County commission approval of draft action plan: May 20
  • Draft action plan published for public comment: May 21
  • Public hearings for comments and feedback: May 21-June 20
  • Submission of action plan to HUD: June 20.

“This is our road map for the next several years,” Mayor John Chappie said.

Commissioner and CRA Chair Scott Bear updated the commission on the project and priority list for the city. He said the first issue would be undergrounding the electrical lines in the portions of the city where that has not yet been done.

“The second one was the Bay Drive resiliency and shoreline protection that was brought up at the previous meeting,” Bear said. “The next one is there were some issues about the sand and inlets getting inundated – here’s a filter system you can install to prevent the pipes from clogging.”

Bear said even if the project costs exceed the allocated $530,000, the city may have options to pursue additional grants to help fund those projects.

“We’re just trying to get the most done in the city with the funds that we are expecting,” Bear said.

Police Chief and Public Works Director John Cosby asked the commission to consider including existing issues in the city’s priority list.

“I’d like to look at correcting the (drainage) issue at 24th street. I’d like to look at cleaning all these dams out. I would also like to reconfigure the piping on Bridge Street so the street properly drains,” Cosby said. “I’d hate to see us start a new project when we already have issues. I think we should correct these first before we try to go out and do anything else.”

Cosby said not everything should be based on hurricane flooding.

“I’m talking more about those sudden downpour storms in the summer that cause all this backup,” he said.

“I know Helene was one of the biggest tidal surges we’ve had since 1921, but if everything was built up in the right way we could minimize some of the damage,” Commissioner Ralph Cole said. “12th Street North is a hot spot as far as the water running though there. All that sand, with the rocks and everything piled in there at the end of the street, blocked that totally; and when it rained afterwards in the next event, it flooded real quickly. It’s just like the one on Bridge Street – opening up the pipe and putting the drainage back.”

“We’re only really dealing with, at a maximum, $530,000 and we talked at our last meeting about trying to get the biggest bang for the buck,” Chappie said.

“I would like to see us take some of this money and fix some of these problems that were created by erosion and the storm,” Cole said. “It will help for resiliency next time.”

Bear said the list of projects was essentially a wish list to be submitted for county review the following day and a motion to approve the city’s project category list for the CDBG-DR funding was passed unanimously.

Learn more about CDBG-DR funding at the Lasting Manatee webpage.