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Sunshine defendants make offers to compromise

Sunshine defendants make offers to compromise

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

BRADENTON BEACH – The six defendants in the Sunshine Law lawsuit have proposed compromise offers that seek financial reimbursement from the city of Bradenton Beach and co-plaintiff Jack Clarke.

Collectively, the six defendants seek $60,902 from the city and $24,444 from Clarke.

The offers to compromise include no admission of wrongdoing or errors made regarding compliance with the Florida Sunshine Law, which is at the center of the civil lawsuit the city and Clarke filed in 2017.

Defendant and former Planning and Zoning Board member John Metz was the first to present his offer to attorney Robert Watrous and others last week. Watrous represents the city and Clarke.

Metz is the only defendant still retaining legal counsel. His offer was prepared by attorney Thomas Shults and dated May 28.

Metz’s offer was followed by similarly worded offers from the other five defendants: former Planning and Zoning Board members Reed Mapes, Patty Shay and Bill Vincent and former Scenic WAVES Committee members Tjet Martin and Rose Vincent.

The financial reimbursements sought differ for each defendant.

“Mr. Metz will settle with the city and Clarke only if they dismiss this lawsuit against all defendants with prejudice. The city must pay Mr. Metz the amount of $42,000 and Clarke must pay Mr. Metz the amount of $14,000. The total of these sums represents approximately 40 percent of Mr. Metz’s attorney fees and costs as of the end of April. This offer shall remain open until 5 p.m. on June, 7. Unless the case is resolved by that date, any future proposals by Mr. Metz shall require the city and Clarke to play a higher percentage of his attorney’s fees incurred,” Metz’s written offer says.

Attorney Jim Dye had been representing Mapes, but Mapes discontinued those legal services in March. Mapes’s offer seeks similar settlement terms and $14,000 from the city and $8,400 from Clarke.

The other defendants discontinued Dye’s legal services in early 2018. Martin seeks $1,000 from the city and $600 from Clarke. Shay seeks $901.52 from the city and $444 from Clarke. The Vincents seek $3,000 from the city and $1,000 from Clarke.

At press time on Monday, the city and Clarke had not responded to the offers. The city commission will meet at 6 p.m. on Thursday, June 6, and it’s possible the defendants’ offers may be discussed at that meeting.

Settlement language

“It appears to be lost on the city commission and Mr. Clarke that they are exposed to substantial monetary liability in this case. This liability consists of not just the attorney’s fees and cost the city will expend for the trial and the appeals thereafter, but also the attorney’s fees and costs incurred by all defendants,” Metz’s offer says.

“The Open Meetings Law permits the award of attorneys fees and costs against the city and Clarke if the court finds this suit was filed in bad faith or was frivolous. The city and Clarke can rest assured that Mr. Metz will pursue his right to such award if this matter is not resolved,” Metz’s offer says.

The defendants’ latest offers were in response to a settlement offer the city commission made on April 23. That offer proposed the defendants collectively pay the city $203,118 to settle the lawsuit with an acknowledgment that errors may have been made as it related to the Sunshine Law. The $203,118 represented the city’s attorney fees and legal costs to date.

Metz’s offer to compromise says it’s puzzling that the city commission would make a proposal they knew he would never accept.

The city’s previous March 1 settlement offer included language that said errors were made regarding Sunshine Law compliance and sought $500 from each of the defendants.

The defendants rejected that offer and proposed a counteroffer that instead said errors may have been made. They also offered to donate $10,000 to the Annie Silver Community Center. The city commission rejected that offer because it did not include an admission of errors made.

The case is scheduled for a nonjury trial beginning July 15, to be preceded by a city-requested summary judgment hearing on June 20.

Related coverage

City attorney deposed for Sunshine lawsuit

Commission rejects Sunshine lawsuit counteroffer

Sunshine lawsuit depositions continue

Proposed tree removals delayed

Proposed tree removals delayed

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

BRADENTON BEACH – More than 100 Australian pine trees designated for removal at the south end of the Coquina Beach parking lot will not be removed, at least until Manatee County commissioners review a comprehensive staff report on the project.

County Administrator Cheri Coryea announced the delay during the county commission’s Tuesday, May 28 budget work session, responding to remarks made by Bradenton Beach Mayor John Chappie during citizens’ comments.

On Friday, May 24, the Bradenton Beach Commission held an emergency meeting and authorized Chappie to send Coryea a letter expressing the commission’s concerns about the proposed tree removals and the lack of communication from the county about the plans.

Project permitting

Heavy equipment is already on site and some preliminary work has occurred for the first phase of the two-phase Coquina Beach drainage and parking lot improvement project.

Proposed tree removals delayed pending county staff report
These Australian pines along the south entry road are currently slated for removal. – Joe Hendricks | Sun

In May, Manatee Public Works Department Project Manager Michael Sturm sent county staffers Carmine DeMilio and Jeff Streitmatter an email containing the subject line: “Coquina Phase 1 Australian Pine Removal.”

No one representing the city of Bradenton Beach was copied on Sturm’s email, which states, “The certified Arborist has determined that the trees shown on the attached PDF are a risk for beach visitors if left in place. His conversation was that the 10-inch-deep excavation that will occur to construct the curb located on each side of the concrete drive and parking areas will threaten the stability of the shallow foundation roots known to occur with Australian pine trees. His recommendation was to remove 102 trees. I have also included the cost associated with the removal and disposal of the trees.”

Proposed tree removals delayed pending county staff report
This is one of five Manatee County illustrations that reference the removal of Australian pines. – Manatee County | Submitted

Dated May 9, the attached $144,441 change order submitted by Woodruff & Sons included $71,775 for tree removal and $2,652 for root pruning by Terry’s Tree Service. When addressing the county commission, Chappie referenced the change order, which he first saw earlier that day.

The drainage and parking project at the county-owned beach requires a city-issued building permit. On April 10, the county received from the city a land use and zoning permit. The permitting request presented to city commissioners earlier this year included no mention of tree removals.

Proposed tree removals delayed pending county staff report
Trees marked with a red X or an underlined red X are currently slated for removal. – Joe Hendricks | Sun

The county’s original 100 percent design documents include language that says the contractor shall protect all existing structures, utilities, driveways, sidewalks, fences, trees and landscaping or repair or replace them to equal or better than pre-construction conditions. The design document also says, “All existing trees shall remain unless otherwise noted.”

Mayor addresses county

Chappie thanked Coryea for her quick response to the city’s letter before reading it aloud to county commissioners.

“The city of Bradenton Beach is adamantly opposed to the trees being removed. We are extremely hopeful the county will not follow through with such a disturbing act that would change the great character of Coquina Beach.

Proposed tree removals delayed pending county staff report
Bradenton Beach Mayor John Chappie expresses the city’s concerns about the proposed tree removals. – Joe Hendricks | Sun

“Australian pines, despite their designation as an invasive nuisance tree, do provide tremendous benefits for our residents, visitors, as well as the birds and wildlife. This is the right plant in the right location. Further, there are no homes or structures in danger of being harmed by a limb or tree. These trees enhance the park and provide a tremendous tree canopy for the south end of the Island,” Chappie said.

“We strongly encourage the county commission to take some time and reconsider the destruction and removal of the Australian pine canopies. The guiding light needs to be ‘Save the trees.’ This is a large park, there are significant open area spaces. I believe there is great opportunity for us to be creative and the city would be more than happy to assist. The city is also requesting a special city commission meeting with a county representative to explain this plan. We just want to understand what’s going on,” Chappie said.

County response

Commissioner Carol Whitmore said she sent Coryea an email containing questions she has about the tree removals and project contract.

Commissioner Betsy Benac said, “Those trees provide shade. As we all know from this weekend, shade is invaluable. I’ve heard many stories about Australian pines and that they aren’t good for habitat. Well, they’re good for this habitat. I certainly would want to do everything we can to save the shade.”

Proposed tree removals delayed pending county staff report
County Administrator Cheri Coryea said no trees will be removed until county commissioners review a comprehensive staff report. – Joe Hendricks | Sun

Coryea said, “We anticipated possibly giving you information, but as this unfolded over the last day or so we would rather quickly pull together a full and comprehensive report. We want to look at how many trees in totality are in that area and give you some idea of the approach of what that removal is.

“There’s no removal today. We held them off. We will plan to act quickly though,” Coryea said, noting delays incurred now could impact the project timeline in January or February.

“So, we’re not doing anything until we hear from you guys?” Whitmore asked.

“There’s no removal that’s going to happen today,” Coryea said.

“You just said ‘today,’ ” Whitmore responded.

Coryea clarified no tree removals would occur until county commissioners reviewed the staff report.

“We don’t want to put our project at risk either. We’ll make sure we’re back here shortly,” Coryea said.

Commissioner Vanessa Baugh asked if another type of tree could be planted to replace the Australian pines removed. Coryea said that would also be included in the report.

“I just don’t want a line of new palm trees, that’s no shade,” Whitmore said.

In response to comments she saw posted on Facebook, Whitmore also stated the Town of Longboat Key is not involved with the Coquina Beach project.

Follow-up communication

On Wednesday, May 29, Manatee County Information Outreach Manager Nick Azzara addressed the tree removals in an email he sent to a television journalist. He later shared that email with The Sun.

“There are no plans to remove all the Australian pines at Coquina Beach and there are no plans to remove trees that provide shade along the nearby exercise trail. There are nearly 1,100 Australian pines there today and a small percentage are recommended for removal,” Azzara wrote.

At week’s end, the staff report had not yet been presented and no additional public discussion had occurred. The county commission has a budget work session at 9 a.m. on Tuesday, June 4 and a land use meeting at 9 a.m. on Thursday, June 6.

Related Coverage

County’s plan to remove Coquina Beach trees meets opposition

WMFR logo

WMFR 2019-20 assessment rates set

Written by SUN contributor on . Posted in Anna Maria Island, Community News, West Manatee Fire Rescue.

BRADENTON – West Manatee Fire Rescue commissioners held a public hearing May 21 to discuss the 2019-20 residential and commercial assessment rates. No members of the public offered comment, and commissioners approved a modest increase in rates with a four to one vote.

After being presented with five options ranging from a zero percent increase to a 2.5 percent increase, commissioners voted to adopt a 1.65 percent increase for residential properties and a 5 percent increase for commercial properties.

For residential property owners, the 1.65 increase equals a $3.09 increase in the base rate, increasing from $187.48 to $190.57. The rate per square foot, assessed on home square footage over 1,000 square feet, is being raised from $0.1106 to $0.1124. For a 2,000 square foot home, the total assessment is being raised from $298.08 to $303, a difference of $1.92.

Residential homes make up the majority of the properties in WMFR’s district, which stretches from the Gulf of Mexico on the west, Tampa Bay to the north, Longboat Key to the south and city of Bradenton to the east. The district includes unincorporated Manatee County, Palma Sola, Cortez, Bradenton Beach, Anna Maria and Holmes Beach.

For commercial properties, the increase is slightly higher to bring WMFR’s commercial rates closer to those assessed by other Manatee County fire districts. The base rate is increasing from $451.07 to $473.62 for commercial properties, an increase of $22.55. The per square foot rate for buildings over 1,000 square feet is $0.2051, a $0.0098 increase for square footage over 1,000 square feet. The increase equals a $32.32 total increase for 2,000 square foot commercial properties.

With the increase in assessment rates, WMFR’s projected assessment revenue for the 2019-20 fiscal year is $7,285,989, a $144,203 increase over the current fiscal year.

Commissioner Al Robinson, who voted against the rate increase, said, “I think it’s insignificant in a $7.3 million dollar budget. We don’t need a raise.”

Commissioner George Harris said he was comfortable raising the commercial rates to get the district more in line with the surrounding districts but was happy to only give residents a minimal increase. “It’s nice to give the residents a little break,” he said.

With the rate increases, WMFR’s projected total revenue for the 2019-20 fiscal year is $7,618,556. The new fiscal year begins on October 1.

Related coverage

WMFR board considers building construction

WMFR chooses a new chief

WMFR board members plan for the future

County’s plan to remove Coquina Beach trees meets opposition

County’s plan to remove Coquina Beach trees meets opposition

Written by Joe Hendricks on . Posted in Awards, Awards 2020, Bradenton Beach, Community News, Manatee County, Special Sections, Third Place.

BRADENTON BEACH – City commissioners are surprised and dismayed to learn that Manatee County plans to remove up to 120 Australian pine trees from the south end of the Coquina Beach parking area.

The proposed tree removals are part of the first phase of a two-phase stormwater and drainage improvement project that includes paving the beach parking lots with permeable materials.

Third Place
Local Government Reporting
2020

 

In response to calls received from city resident Mike Norman and others, Mayor John Chappie scheduled an emergency city commission meeting on Friday, May 24. The 45-minute session ended with Chappie being authorized to send County Administrator Cheri Coryea a letter expressing the commission’s concerns. The letter will include a request for county representatives to come before the commission to explain the county’s plans regarding tree removal and tree replacement.

Chappie said he’s heard that the number of trees to be removed has jumped from 30 to 60 to 120.

“We’ve had several residents that are up in arms. We understand they are invasive trees, but they have been a part of our community for decades. They provide a lot of shade. I’m very concerned with the increase in the number of healthy trees they say they’re going to remove,” Chappie said.

Chappie said when Norman called him he called Coryea.

“When she saw the number of trees to be removed she kind of pulled the reins back to slow it down so she would have time to inform the county commissioners what is happening here,” Chappie said.

County’s plan to remove Coquina Beach trees meets opposition
The current plans call for these trees to be removed to accommodate drainage improvements. – John Chappie | Submitted

Chappie said Coryea planned to discuss this matter with county commissioners on Tuesday. He added he does not recall tree removal being part of the plans the county submitted to the city when seeking a city-issued building permit. He also noted the city gave the county a substantial break on its permitting fees.

“I feel like we need to pump the brakes a little bit, look at the alternatives and see what else can be done,” said Bradenton Beach City Commissioner Jake Spooner. “It’s a beautiful forest down there.”

Spooner said the trees provide shade for humans and habitat for birds and animals. He also pointed out that they are part of the tree canopy that earned Bradenton Beach its Tree City USA designation. He suggested reconfiguring the project to reduce the need for tree removal.

“I would suggest going to the county and the guiding light should be save the trees, and everything flows below that.”
– Mike Norman, Bradenton Beach resident

Spooner said he called Manatee County Public Works Project Manager Michael Sturm after receiving calls from Norman and several other residents and Sturm suggested residents contact him directly. Sturm’s email address is Michael.Sturm@mymanatee.org.

The project engineers and designers need to explain to the commission their plans and potential alternatives, the commissioner said. If trees must be removed, he said he’d like them replaced with mature trees.

“I think it’s been 15 years since those gumbos were planted on the causeway and they’re still not where you can park a car under them and get some nice shade,” he said.

He said people park under the trees at Coquina Beach so their cars aren’t so hot when they return from the beach.

County’s plan to remove Coquina Beach trees meets opposition
This sign designates the construction area at the south end of the Coquina Beach parking lot. – Jake Spooner | Submitted

“I was really caught off guard by this. Thank goodness it was in The Sun and Mr. Norman called me and we’re able to at least try to do something to save them,” Spooner said of the photograph published in last week’s Sun.

County’s plan to remove Coquina Beach trees meets opposition
More than 100 Australian pines are targeted for removal on Coquina Beach. This photo in The Sun brought the plan to the attention of Bradenton Beach officials. – Cindy Lane | Sun

Commissioner Ralph Cole said he was unaware of the county’s plans and shocked by the number of trees slated for removal.

“I can’t believe they were going to remove all the shade. I could see if you had to remove some or thin out some to put a pathway through, but not removing all of them,” Cole said.

City Commissioner Marilyn Maro said the city should have been informed of the county’s plans.

“I didn’t know anything about this. The people have voiced their opinion and I think they should voice more of their opinions. Something is missing in the puzzle here,” she said.

Additional input

County’s plan to remove Coquina Beach trees meets opposition
Several Australian pines now bear a red X that designates their planned removal. – Jake Spooner | Submitted

“People on this Island don’t want those trees cut down,” Norman told the commission. “I would suggest going to the county and the guiding light should be save the trees, and everything flows below that. Task the engineers with Plan B. If you can’t figure it out, find some engineers that can because there has to be a better way of doing this.”

City resident and planning and zoning board member John Burns noted the city’s land development code does not require a permit to remove Australian pines. He suggested asking the county’s arborist what measures could be taken to preserve as many as possible.

“It is nice to have some shade down there and I don’t care whether it’s invasive shade,” Burns said.

Before receiving unanimous commission support to send a letter to Coryea, Chappie echoed Norman’s comments and said, “The guiding light needs to be saving the Australian pine trees.”

Related coverage:

 

Proposed tree removals delayed

 

City to county: ‘Not so fast’ on tree removal

 

County commission approves Coquina Beach tree removals

 

County submits Coquina Beach tree replacement plan

 

Pines plague parking project

 

More Australian pine removals at Coquina

 

County Commission authorizes removal of six Australian pines

City prevails in preliminary Sunshine hearing

City prevails in preliminary Sunshine hearing

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

BRADENTON – Twelfth Circuit Court Judge Edward Nicholas has ruled in favor of the city of Bradenton Beach, denying three legal actions sought by Sunshine Law lawsuit defendant John Metz.

Nicholas denied Metz’s request to disqualify City Attorney Ricinda Perry as the city’s co-counsel in this case. Nicholas also denied Metz’s request to make public the transcript and audio recording of the city’s private attorney-client shade meeting in September 2017.

In addition, the judge denied Metz’s request to be told what he said and heard during a Concerned Neighbors of Bradenton Beach (CNOBB) meeting discussion about parking garages.

Nicholas also denied Metz’s requests to be awarded attorney fees for the individual legal actions he sought during the Friday, May 3 hearing at the Manatee County Judicial Center in Bradenton.

The judge ruled in favor of the city’s proposed compromise regarding Metz’s request to continue and complete Perry’s pre-trial deposition.

Attorney Jodi Ruberg represented Metz at the hearing. His primary attorney, Thomas Shults, was on vacation. Attorney Robert Watrous represented the city and Perry was assisted by paralegal Michael Barfield.

The civil lawsuit filed in 2017 by the city and co-plaintiff Jack Clarke seeks a judge’s ruling as to whether Metz, Reed Mapes, Tjet Martin, Patty Shay, Bill Vincent and Rose Vincent violated the Florida Sunshine Law when discussing parking garage prohibitions and other city business during CNOBB meetings while serving as members of the city’s Planning and Zoning Board or Scenic WAVES Committee.

The case is scheduled for a non-jury trial before Nicholas beginning July 15.

Perry deposition

A deposition is testimony given under oath in the presence of a court reporter who provides a verbatim written transcript for the judge and others to review.

On March 20, Shults deposed Perry for more than five hours. He spent much of that asking Perry about her education, legal qualifications and another lawsuit filed against the city by the Keep Our Residential Neighbors (KORN) political action committee formed by Mapes and Metz.

When deposing Clarke in January, Shults alleged Clarke, Perry and the city acted in bad faith and filed the lawsuit because of Metz’s contentious history with the city and its officials. When deposing Perry, Shults did not pursue that line of questioning.

“Ms. Perry’s testimony will also be utilized for a bad faith component of this suit,” Ruberg said during Friday’s hearing.

Watrous said he originally objected to the deposition being continued but later offered to limit it to three additional hours.

“The entire morning of deposition was spent on items not relevant to this case. Why didn’t Mr. Shults ask the appropriate questions at the first deposition?” Watrous said.

“Mr. Shults is simply going to have to do the best that he can and focus his questions a bit more pointedly,” Nicholas said when issuing his ruling.

Perry disqualification

When seeking Perry’s disqualification as co-counsel, Ruberg cited case law and said, “Ms. Perry cannot be both an advocate and a witness.”

Watrous said Perry will not act as a trial attorney and will simply assist him during the trial. As a witness for the city, Perry will provide fact-based testimony regarding the type of issues presented to the Planning and Zoning Board – and whether parking and parking garages are something that could foreseeably come before that board.

“Reasonable foreseeability is the crux of the case,” Ruberg said.

When issuing his ruling, Nicholas agreed it’s highly unusual for an attorney also to be called as a witness. He said if this was going to be a jury trial he would be inclined to agree with the defense that jurors might have difficulty determining whether Perry was stating facts or her legal opinion.

Shade meeting request

Ruberg alleged compliance technicalities when arguing that the shade meeting transcript and recording be made public.

Watrous said the opening and closing portions of the shade meeting were conducted in public, the private session was conducted in compliance with state requirements and Metz and his attorneys already have the transcript for the public portions of that meeting.

“This is an attempt by Mr. Metz to invade attorney-client privilege,” Watrous said.

“The request for the transcript is not well-taken and is denied,” Nicholas said when issuing his ruling, noting this was not a close call for him to make.

CNOBB discussion

When contesting Metz’s request to be told exactly what he said and heard during the July 25 CNOBB meeting, Watrous said Metz has a copy of the meeting recording posted at the CNOBB website and the court reporter’s transcript.

“We’re going to play the actual tapes at the trial,” Watrous said.

During that July 25 meeting, Mapes proposed a charter amendment initiative seeking a prohibition on parking garages. Mapes asked CNOBB members if they shared his desire and whether such a prohibition would apply only to a city-owned paid parking garage and still allow a privately-owned parking garage.

In response to Mapes’ suggestion, Metz said, “I say that we do and that we put it more that no parking garage built for public paid parking or something like that. It doesn’t matter whether if it’s by the municipality or some huge corporation.”

Regarding Friday’s hearing, Barfield said, “Mr. Metz’s actions wasted approximately $15,000 of attorney time and taxpayer funds and three hours of court time. The city continues to urge the defendants to give due consideration to the favorable settlement offers made.”

Speciale steps down as dock facilitator

Speciale steps down as dock facilitator

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

BRADENTON BEACH – Police Chief Sam Speciale will no longer serve as the facilitator and city liaison for the Community Redevelopment Agency’s (CRA) yet-to-be completed floating dock project.

Speciale made the announcement in an email sent to Mayor John Chappie and the city commissioners at 1:29 p.m. on Thursday, April 18.

“With the sending of this email, I am officially stepping down as facilitator for the floating dock project. A recent shift in the duties of individuals has put the direction of this project in a direction I do not agree with, and it is for these reasons I am stepping down. I will forward any correspondence to date with any and all of the parties involved and will advise all parties to forward any further correspondence to the city attorney and to the city treasurer,” Speciale’s email said in its entirety.

Speciale’s email did not specify which duties had changed and when contacted later in the week he declined additional comment. Speciale is not retiring as the city’s police chief.

City Hall was closed on Friday due to the Easter holiday and no formal discussion had taken place yet as to who would replace Speciale as the dock project facilitator.

Until last week, Speciale served as point man for the CRA-funded efforts to install a floating public day dock along the south side of the Bridge Street Pier. The new dock will replace the storm-damaged floating dock removed in 2017.

The dock project began in early 2017 when the CRA contracted the Technomarine Group to manufacture and install the floating dock for $119,980. Due to circumstances beyond the control of Speciale and the CRA, the yet-to-be-completed project has dragged on for nearly two years.

In mid-2017, Technomarine representative Ben Talbert predicted the dock would be installed that September or October. After that potential deadline was missed, Technomarine CEO Erik Sanderson promised subsequent completion deadlines that were also missed. Earlier this year the CRA severed its working relationship with Technomarine.

On April 10, the CRA members directed City Attorney Ricinda Perry to draft a contract to enter into with the Gibsonton-based Hecker Construction Company to install the pilings and the pre-manufactured deck sections alongside the pier for $105,754. This will bring the estimated final cost of the floating dock project to between $190,000 and $195,000.

During the April 18 city commission meeting, Perry said she was still working on those contract terms. The CRA members want the contract to include a specific completion date, but that request is complicated by a separate permitting process with the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers.

The CRA needs an updated submerged land lease before the new floating dock can be installed.

Until last week, Speciale also served as the CRA liaison with the Environmental Science Associates (ESA) consulting firm that is assisting the CRA with the submerged land lease update. The update is required not only for the floating dock but also for the pending installation of a police department boatlift and the proposed installation of additional finger docks that would expand the public dockage provided by the floating dock.

On April 10, ESA representative Dianne Rosensweig told CRA members she would submit the needed documents to FDEP and the Army Corps by mid-May. She said she does not anticipate any more delays with the submerged land lease update, but she said she couldn’t promise when those two agencies would sign off on the lease update that is needed before the floating dock can be installed.

When the dock project started, FDEP considered it to be a standalone project, but the state agency now wants all three pier area projects combined into a single submerged land lease update.

Related coverage

Increased costs anticipated for Bradenton Beach dock project

Digital trail leads to undelivered day dock

Day dock project pushed back again

Beach ‘n good food and fun

Written by Tom Vaught on . Posted in Entertainment, Events, Family fun, Festivals, Food, Music.

Hot weather didn’t stop people from enjoying the music, car show, kids zone and food served by a dozen food trucks at the Beach ‘n Food Truck Festival on Saturday at Coquina Beach. Boat and trolley shuttles helped keep down the traffic but some drivers parked illegally along an access road, slowing down the trolley shuttles.

Customers raved about the lobster rolls from this colorful food truck. - Tom Vaught | Sun

Customers raved about the lobster rolls from this colorful food truck. - Tom Vaught | Sun

Whiskey Blind was one of several bands that provided live music. - Tom Vaught | Sun

Whiskey Blind was one of several bands that provided live music. - Tom Vaught | Sun

Customers ate at small tables outside this truck. - Tom Vaught | Sun

Customers ate at small tables outside this truck. - Tom Vaught | Sun

Paid Island parking rejected by local leaders

Paid Island parking rejected by local leaders

Written by SUN contributor on . Posted in Anna Maria Island, Community News.

BRADENTON BEACH – If there’s one thing the leaders of the four Island cities, including Longboat Key, can agree on, it’s that they don’t support paid parking at Manatee County beaches or at county boat ramps.

Manatee County Commissioner Carol Whitmore attended the April 9 Coalition of Barrier Island Elected Officials meeting, held at Bradenton Beach City Hall, to gather the opinions of Anna Maria Island and Longboat Key elected leaders before beginning official talks with her fellow county commissioners.

Whitmore said she’s opposed to any paid parking on Anna Maria Island because she feels it takes away from the community feel of the area. If she had to choose a type of paid parking though, she said she’d rather have paid parking at county-maintained boat ramps than at the beaches.

Island community leaders said they’d rather see county commissioners find a different way to deal with the expense of required maintenance at boat ramps than charge people for parking.

Holmes Beach Mayor Judy Titsworth said she feels that there isn’t enough parking available at the county-maintained boat ramps, including Kingfish boat ramp on Manatee Avenue, to contribute in any real way toward the millions of dollars it takes to periodically renovate boat ramps.

Bradenton Beach Mayor John Chappie agreed, saying that there are only about two dozen parking spaces at the newly renovated Coquina boat ramp, not enough to be a good financial source for the county.

Whitmore said the county relies on general funds, West Coast Inland Navigational District (WCIND) grants and funds from boater registration to pay for maintenance and upgrades to the county-maintained boat ramps. Because of the limited amount of funds available, she said the county is behind on needed repairs to boat ramps like Kingfish and is now looking at spending a lot of time and money to get the newly-acquired Palma Sola boat ramp, located on the southwestern end of the causeway, back to a safe operating state. A large-scale renovation at Kingfish boat ramp also is on the horizon.

Bradenton Beach Commissioner Jake Spooner said that he’s not in favor of paid parking, tolls or anything that might discourage families, particularly those with limited financial means, from enjoying the outdoor activities offered for free at the local beaches and boat ramps.

“It’s not just about the money,” he said. “There’s other ways of finding the money.”

Holmes Beach Commissioner Carol Soustek added that having paid parking at public beaches would push parking into nearby residential neighborhoods, adding to the strain already felt by residents due to the increasing tourism on the Island.

Though the city leaders did not support paid parking, they did support signage for the Cortez Road and Anna Maria Island bridges that would alert motorists to parking availability at boat ramps and beaches.

While Whitmore pointed out that many people would ignore the signs, West Manatee Fire Rescue Commissioner Al Robinson said that even if only 5 percent of people turn around rather than crowd onto the Island’s streets when parking is full, the investment in the signs, controlled by local law enforcement, would be worth the funds.

Whitmore said she’d ask the county and the Manatee County Tourist Development Council about funding for the project.

Castles in the Sand

Real estate process speeding up

Written by Louise Bolger on . Posted in Business, Castles in the Sand.

For me, a good recipe has three main components – less than five ingredients, less than 30 minutes and less than two pots. A good real estate transaction is not so different than a good recipe; the objective is to keep it simple.

One of the most tortuous aspects of buying a home has always been the mortgage application process. First, you are asked to provide the lender with W2s, pay stubs, tax returns and possibly your blood type. Then the “loan officer” does a credit check and pulls your credit score. He/she then rolls up their sleeves and adjusts their eye visor and starts plowing through your personal data trying to find why you may not be trustworthy with their money.

The first thing they’re looking for is credit score and if your score is hovering around 600 be prepared to renew your rental lease or pay a larger down payment and/or higher interest rate. Also, your income must support the amount of mortgage you’re applying for and your general credit report must show no serious late payments and hopefully no bankruptcies.

Naturally, while this process is under scrutiny, you will experience some of the most stress you will ever have especially if you’re a first-time buyer. But there is good news which may not take away all of the steps during the process but could speed up the process considerably.

Mortgage lenders are starting to outspeed themselves, that is promising quick mortgage confirmations and a more streamlined process, even offering cash bonuses if they don’t meet their target date. In 2018 it took an average of 43 days to close a home mortgage but now some lenders are doing it in 21 days or less.

One of the ways this is accomplished is of course through technology that can link banks to the loan application allowing the lender to obtain documentation and data directly. It may also be possible to have a remote closing, also speeding up the process.

In addition, with the blessing of Freddie Mac and Fannie Mae, some properties may be eligible for an “appraisal waiver,” the thought of which makes me shake in my sandals. Instead of Fannie and Freddie having more restrictions in the wake of the 2008 financial crises fueled by low down payments and many no documentation loans, the Housing Finance Reform recently issued has done the opposite, keeping the American taxpayer on the hook for loan defaults.

However, mortgage rates are approaching 4 percent which will hopefully jump-start the housing market. The average 30-year fixed rate mortgage during the first week of April fell to 4.06 percent, the lowest since January of 2018. Freddie Mac said the rates have been dropping quickly as much as a quarter point in one week, the biggest drop in over a decade. Naturally, mortgage applications increased by 8.9 percent in early April.

I’m not sure how I feel about the link to your bank but other than that I’m all for a speedy process, which can be very important if you have an all-cash buyer who has suddenly shown interest in the home you want. So future homebuyers, as you start stepping back into the market since you can’t resist the interest rates, just remember less is more, in mortgage processing and in cooking.

More Castles in the Sand:

Traffic, real estate sales up

Flood insurance rates changing

Should you digitally – or actually – renovate?

Helicopter crashes off AMI

Written by Cindy Lane on . Posted in Bradenton Beach, Community News, Featured.

Updated April 15, 10:07 p.m. – BRADENTON BEACH – A helicopter crashed off Coquina Beach Saturday afternoon with two men escaping injury.

U.S. Coast Guard Station Cortez responded to the South Coquina boat ramp at 12:18 p.m. according to Officer of the Day Charles Richter.

Student pilot Joseph Bakker, of Englewood, and instructor James Rahming, of Tampa, were pulled from the water by the Manatee County Sheriff’s Office, Richter said.

Rahming is with Helicopter Academy, also known as boatpix.com. The helicopter is reportedly a Robinson R22.

Bradenton Beach Police Officer Eric Hill said he saw the helicopter “trying to maneuver and make a counterclockwise turn and then I heard the pitch of the rotor blades change and it looks like it lost lift due to the way it was turning… that’s when people called that it crashed,” he said.

This is the second helicopter crash this year off Anna Maria Island.

A Robinson R44 crashed into the Gulf of Mexico about two miles off Anna Maria Island on Jan. 2, sending two men to the hospital. The helicopter was shooting video of a boat about 10-15 feet above the water a half-mile west of the Sandbar restaurant when the crash occurred.

James Rhaming, sitting on piling, left, and Joseph Bakker, sitting on piling, right, crashed a helicopter into Sarasota Bay this afternoon off Anna Maria Island. - Tom Vaught | Sun

James Rhaming, sitting on piling, left, and Joseph Bakker, sitting on piling, right, crashed a helicopter into Sarasota Bay this afternoon off Anna Maria Island. - Tom Vaught | Sun

- Tom Vaught | Sun

- Tom Vaught | Sun

- Tom Vaught | Sun

- Tom Vaught | Sun

- Eric Hill, Bradenton Beach Police Department | Submitted

- Eric Hill, Bradenton Beach Police Department | Submitted

- Eric Hill, Bradenton Beach Police Department | Submitted

- Eric Hill, Bradenton Beach Police Department | Submitted

- Eric Hill, Bradenton Beach Police Department | Submitted

- Eric Hill, Bradenton Beach Police Department | Submitted

- Eric Hill, Bradenton Beach Police Department | Submitted

- Eric Hill, Bradenton Beach Police Department | Submitted

- John B. Haggerty Jr. | Submitted

- John B. Haggerty Jr. | Submitted

- John B. Haggerty Jr. | Submitted

- John B. Haggerty Jr. | Submitted

- John B. Haggerty Jr. | Submitted

- John B. Haggerty Jr. | Submitted

- Mike Bazzy, Bradenton Beach Marina | Submitted

- Mike Bazzy, Bradenton Beach Marina | Submitted

- John B. Haggerty Jr. | Submitted

- John B. Haggerty Jr. | Submitted

  • Joe Hendricks contributed to this report.
Fewer storms forecast, but it only takes one

Fewer storms forecast, but it only takes one

Written by Tom Vaught on . Posted in Anna Maria Island, Community News.

FORT COLLINS – The Colorado State University hurricane research team has issued its first prediction for the 2019 tropical storm season and it is good news, for now

The forecast, authored by Dr. Phillip Klotzbach, predicts a total of 13 named storms turning into five hurricanes and two major (Category 3 or more) hurricanes.

Last season, the region experienced 15 named storms, eight hurricanes and two major hurricanes. One of those major storms, Michael, was one of the most powerful hurricanes ever to hit the United States. It leveled buildings in Mexico Beach, Fla., and throughout the Florida Panhandle, with winds just shy of Category 5 strength.

On average, the Atlantic and Caribbean region gets 12 named storms, six hurricanes and three major hurricanes.

According to Klotzbach’s report, “During the past several months, El Niño conditions have developed in the Pacific Ocean, meaning that sea surface temperatures in the eastern tropics are warmer than normal. In general, El Niño conditions tend to suppress Atlantic hurricane formation, as a result of increases in upper-level winds that tear apart developing Atlantic hurricanes.

“Predicting changes in El Niño is extremely difficult during the spring season, so although we know there’s an El Niño now, we don’t know whether it will continue through the rest of the year,” the report says. “Very small changes in wind conditions can cause big changes in the ocean circulation at this time of year. Consequently, the models that forecast El Niño tend to have less skill, which is the measure of the accuracy of the prediction versus what really happens. Nevertheless, these models do have modest ability to predict conditions for the next several months.”

The CSU team will release updates to their predictions on June 4, July 2 and Aug. 6.

Related coverage

Hurricane Michael brushing Anna Maria Island

Hurricane Guide

Sandpiper residents request lighted crosswalk

Sandpiper residents request lighted crosswalk

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

BRADENTON BEACH – At the request of Sandpiper Resort Co-Op residents, city commissioners are committing up to $50,000 to install a lighted crosswalk at the intersection of Gulf Drive and 27th Street North.

Manatee County will reimburse the city for half the crosswalk costs as part of a 2018 interlocal funding agreement that provides each Island city with up to $333,000 in matching surplus beach concession funds for public projects.

The commission is also pursuing additional crossing, safety and lighting improvements along Gulf Drive near Katie Pierola Sunset Park and the Gulf Drive Cafe.

On Thursday, April 4, the commission unanimously authorized a contract with MSB Services not to exceed $50,000 for the installation of the 27th Street/Gulf Drive crosswalk. The contract includes the original $31,490 MSB Services estimated to install the rapid flashing beacon crossing.

At the suggestion of Vice Mayor Jake Spooner, the contract also provides up to $18,510 in additional funds for the possible inclusion of an audio signaling component that would provide the blind and visually impaired with audio confirmation that the push-button crossing lights have been activated.

The commission previously discussed a lighted crosswalk at the 26th Street North/Gulf Drive intersection but agreed to move it down one block where an unlighted crosswalk already exists with trolley stops on both sides of Gulf Drive.

“It makes a lot more sense to have it at 27th Street because of the trolley stops,” Spooner said. “It’s a really busy area. There’s also someone living in the park that has a disability.”

Spooner submitted the crosswalk request after Sandpiper resident Doug LeFevre made him aware of the mobile home community’s safety concerns.

Spooner said City Engineer Lynn Burnett recently told him it could take up to seven years for the Florida Department of Transportation to install the requested crossing on the state-owned road. Spooner said the new lighted crosswalk will resemble the crosswalk previously installed near the Runaway Bay condominiums.

Resident concerns

Spooner asked Deputy Clerk Ruth Stief to read aloud a letter from the Sandpiper residents that was signed by Co-op President Ivan Harper.

“We are a senior community located on the east side of Gulf Drive. We have 166 units within the Sandpiper. We have had numerous incidents reported from our residents about close calls or waiting long periods of time to cross the street to either access the beach or catch the trolley going southbound. We have a number of residents over the age of 70 as well as a visually-impaired resident. We are asking for the city to provide a flashing light at the crosswalk to ensure the safety of our residents,” the letter said.

Addressing the commission, Sandpiper resident Bob Gumson said, “I’m probably the visually-impaired person that was referred to. I’m totally blind. It’s a serious concern crossing that street. I’d like to be able to cross the street and take the trolley to the beach. The only way that’s going to happen is to get some kind of signaling light that stops traffic.”

Gumson referenced the White Cane Law that requires vehicles to come to a full stop when a pedestrian is attempting to cross the street using a white cane or with the assistance of a guide dog.

“I have stood there with my cane out and cars don’t stop. They just whiz by. You’re supposed to stop for a white cane,” Gumson said.

“Mr. Gumson is probably the most active blind person I have ever been around. We love him dearly, but we have a lot of other folks who are not technically disabled but have difficulty navigating the street,” Harper added.

After the meeting, Spooner said, “It’s always a pleasure when we can help resolve public concerns in our community, especially when it comes to safety. It was a refreshing reminder of the bright side of being a public servant.”

Castles in the Sand

Traffic, real estate sales up

Written by Louise Bolger on . Posted in Business, Castles in the Sand.

If you want to know why you’re starting to analyze traffic patterns so you can plan your trips to the supermarket, doctor’s office and Trader Joe’s, here’s the reason. During 2018, Sarasota and Manatee counties had more closed sales, an increase in overall inventory and a rise in median prices compared to 2017.

Sarasota single-family median home prices increased by 5 percent to $282,500, and Manatee single-family median home prices increased by 1.9 percent to $300,475 from 2017. Sarasota median condo prices increased by 3.2 percent to $232,300, while Manatee median condos increased by 5.8 percent to $190,500.

Meanwhile, the volume of single-family home sales in Manatee increased by 7 percent and in Sarasota, the increase was 0.5 percent. Condo sales in both counties as reported by the Realtor Association of Sarasota and Manatee, recorded the highest number of sales over the last 10 years. Sarasota increased by 8.1 percent and Manatee increased by 11.1 percent.

These are great numbers especially when you look at them compared to last year’s sales number as reported by the National Association of Realtors. Nationally, last year was the weakest for home sales since 2015 with buyers pulling back because of rising mortgage interest rates, a shortage of starter homes and a volatile stock market. However, the February home sales of previously owned homes nationally were up 11.8 percent, the largest monthly gain since 2015, obviously due to the lowering of mortgage interest down to 4.28 percent in March from 5 percent at the end of last year.

Let’s take a look at Manatee County’s February closed sales reported by the Realtor Association of Sarasota and Manatee:

Closed single-family sales were up 4.8 percent, the median sale price was down slightly by 0.5 percent to $298,500 and the average sale price was up 2.6 percent to $389,119. Median time to sell was 97 days up a little from 93 last year and the month’s supply of available properties was 4.5 months – no real change.

Condo sales were down, closed sales were down 14.9 percent, the median sale price was down 11.4 percent to $189,000 and the average sale price was also down by 10.9 percent to $227,849. Median time to sell was up to 101 days from 94 and the number of months supply of available properties was up to five months.

Keep in mind these types of statistics are a snapshot in time and there are a variety of things that can influence sale prices and sale numbers in any given month. It’s the overall picture for a sustained period of time that really tells the story, and the year over year story for Manatee and Sarasota Counties is spectacular.

The months of March and April traditionally experience the most closed sales, so I look forward to when those numbers are compiled before we head into our slower summer season. That said I may have to revise that statement down the road since there doesn’t ever seem to be a slow season anymore.

It goes without saying that Florida’s Gulf Coast is one of the most beautiful areas in the country.

We have beaches, sun, culture, low taxes and great choices when it comes to purchasing a home. And what comes along with all that is more people, more cars and overbooked restaurants, even Sarasota Airport is reporting a 35 percent increase in traffic during February this year, but would you change anything?

It just might take a little better planning.

More Castles in the Sand:

Should you digitally – or actually – renovate?

Technology can’t replace real estate brokers

Leffis lizard to be relocated

Leffis lizard to be relocated

Written by Cindy Lane on . Posted in Environment, Featured, Outdoors.

BRADENTON BEACH – The case of the Leffis lizard is solved.

Reports of an iguana at Leffis Key concerned Suzi Fox, director of Anna Maria Island Turtle Watch and Shorebird Monitoring, and Michael Elswick, division manager of the Manatee County Parks and Natural Resources Department.

Leffis lizard to be relocated
Black spiny-tailed iguanas could prey on shorebirds and sea turtles. – Manatee County | Submitted

Black spiny-tailed iguanas prey on sea turtle hatchlings and bird eggs, and shorebird nesting season and sea turtle nesting season are beginning, Fox said.

The invasive species, Ctenosaura similis, is an omnivore that eats just about anything and can grow to more than 5 feet long, Elswick said.

The lizards are established in five counties to the south, including Charlotte County, where tens of thousands have been trapped and removed, he said, adding that the black spiny-tail iguana is not a threat to humans or pets.

Another lizard threat from Hillsborough County to the north is the black and white Argentine tegu lizard, also an omnivore, he said.

But the Leffis lizard appears to be a green iguana.

Birders discovered the lizard in high tree branches at Leffis Key this morning.

“We’re probably talking about an escaped pet that may persist for some time in the wild but which is ultimately not a threat,” he said, adding that green iguanas are herbivores, which eat plants.

Leffis lizard to be relocated
The Leffis Key iguana appears to be of the green variety, not the more menacing black spiny-tailed iguana. – Sue Goetzinger | Submitted

The county will still try to locate and trap the iguana, because its chances for survival are slim if it is an escaped pet, he said. If it is used to being fed, it may have trouble feeding itself, and predators like snakes and ospreys are abundant at the park.

“It shouldn’t be too hard to find a home for a green iguana,” Elswick said.

Once they catch it, that is.

If you see a black spiny-tailed iguana or Argentine tegu on the Island, email the photo with date and location to Michael.Elswick@mymanatee.org.

Avenue C projects winding down

Avenue C projects winding down

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

BRADENTON BEACH – Avenue C residents should see drainage projects completed before summer, according to city officials.

City commissioners have approved Westra Construction’s request to extend its contract with the city by an additional 90 days. The contract is for the city-funded drainage improvements and driveway restorations taking place along Avenue C.

The new, city-funded infiltration trenches are covered with polymer, honeycombed, geogrid soil reinforcement panels and topped with 89 stone, grass, sod or some other surface material.

This is a new approach for the city of Bradenton Beach and a deviation from the past practice of topping the drainage trenches with white, lime rock 57 stone.

Avenue C projects winding down
The new drainage trenches along Avenue C feature polymer geogrid reinforcement panels. – Joe Hendricks | Sun

City Engineer Lynn Burnett said Westra requested the contract extension to help ensure the best possible transition and connection between Avenue C and the Lay-Z Liv-N condominium complex parking lot.

The county-funded Avenue C paving will complete that section of the county’s force main replacement project.

“In order to have the best finish and tightest lay-in of the geo-grid pavers in between the Lay-Z Liv-N driveway and the asphalt, they would like to do the asphalt overlay, let it cure for 30 days, then come in and saw-cut it once it’s cured, lay the pavers and that way it will be a nice clean joint and cut,” Burnett told the city commission on March 21.

Burnett said the county-funded final resurfacing of Avenue C will happen after the county does its final testing and inspection of the force main replacement project.

“I’m happy with the work and the progress that they’ve made. Hopefully, we’ll be wrapping this up in the next few weeks and couple of months,” Burnett said.

Westra is doing the city drainage and county force main projects as two separate but congruent projects.

Mayor John Chappie said he’s been impressed by the results he’s already seen when driving down Avenue C after it rains. He said the rainwater is draining off faster than it did before.

Avenue C projects winding down
This is what Avenue C, near the Lay-Z Liv-N condominiums, looked like in June 2018. – Joe Hendricks | Sun

Intersection wrap-arounds

Burnett said she thinks the commission’s previous request for the city-funded drainage improvements to wrap around the Avenue C intersections can be accomplished at no additional cost.

“I just hope it fixes that ponding that’s been there for years and years. That would make people happy,” Commissioner Ralph Cole said of the drainage improvements.

Commissioner Jake Spooner asked if the geogrid will be fully covered once the pavement is fully resurfaced. Burnett said yes, but maintenance will be needed if the surface materials are removed by someone squealing their tires or some other means.