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CNOBB webmaster deposition raises more Sunshine questions

CNOBB webmaster deposition raises more Sunshine questions

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

BRADENTON – The deposition of former webmaster Michael Harrington has uncovered emails that raise additional questions about possible Sunshine law violations by members of the Concerned Neighbors of Bradenton Beach (CNOBB) group.

The City of Bradenton Beach and resident Jack Clarke are co-plaintiffs in a 2017 lawsuit seeking a judge’s ruling as to whether the city advisory board members violated the Florida Sunshine Law by discussing past and potentially foreseeable board and committee business during CNOBB meetings.

During the deposition, Harrington said under oath that he thought he deleted all CNOBB-related emails from his Gmail account, only to discover they were never fully deleted.

The suit names former Bradenton Beach Planning and Zoning Board members Reed Mapes, John Metz, Patty Shay and Bill Vincent and former Scenic WAVES Committee members Tjet Martin and Rose Vincent as defendants. All six defendants were members of the now-disbanded CNOBB group when the alleged violations occurred.

A July 25, 2017 CNOBB meeting included a recorded discussion about a proposed citywide ban on parking garages. CNOBB members have also discussed the revised Community Redevelopment Agency (CRA) plan and other city matters.

With his wife, Carol, sitting next to him on Jan. 23, the 81-year-old former Bradenton Beach resident – who is not a defendant in the suit – was deposed under oath by attorney Robert Watrous for nearly six hours. Paralegal Michael Barfield assisted Watrous.

The deposition was part of the discovery phase of the suit, scheduled for a mid-March trial. A court-ordered mediation is scheduled for Feb. 25 and two more depositions are scheduled for February.

Email trail

In response to a subpoena, Harrington recently provided Barfield with a flash drive containing approximately 10,000 emails and documents obtained from his computer. Harrington said he meant to turn over 325 emails pertaining to CNOBB and the lawsuit, but the additional emails and documents were inadvertently included.

“We didn’t get all of the emails. Some of them you might have been successful in deleting.” – attorney Robert Watrous

During the deposition, Harrington said under oath that he thought he deleted all CNOBB-related emails from his Gmail account, only to discover they were never fully deleted.

Toward the end of the deposition, Watrous referenced an October 2017 email from Mapes to Harrington suggesting they communicate by phone instead of email. Watrous and Barfield presented 24 of those documents as exhibits during the deposition.

Watrous said that email also included a request from Mapes to delete two previous emails he sent Harrington. Those emails were not among those provided to Barfield.

This flash drive provided by Michael Harrington contained hundreds of emails and documents pertaining to the CNOBB group and its members. – Submitted

“We didn’t get all of the emails. Some of them you might have been successful in deleting,” Watrous said.

Harrington said his old Gateway computer died approximately two months ago and when he took it to the technicians at Best Buy, he was told it would cost $250 to repair. Harrington said he told the technicians to dispose of the computer and destroy the hard drive.

Harrington said he bought a new laptop computer about four months before the Gateway died. Watrous found it interesting that Harrington had the foresight to buy a new computer before the computer he’d been using died.

Because of this, Watrous said he was not terminating the deposition and he would consider seeking a judge’s order for a forensic investigation of Harrington’s computer and email records.

During one of the breaks, Watrous said, “Every time we ask for discovery, we get things we haven’t seen before. A lot of this we’ve never seen before.”

He also noted that those subpoenaed are required by law to produce all documents requested.

Additional exhibits

Watrous produced a June 2017 email exchange among Harrington, Bill Vincent and Mapes in which Mapes questioned whether the CNOBB website forum page should be public or private.

“Here again is the issue of Sunshine violations,” Mapes wrote.

Watrous produced a July 24, 2017 email Mapes sent to Harrington and others requesting to be allowed to respond to a CNOBB forum post called “Nix the Parking Garage.”

He also produced two emails and the attached documents that Martin sent CNOBB members regarding the CNOBB mission statement and proposed charter amendment initiatives.

Martin’s July 23, 2017 document listed five charter initiatives that included a citywide parking garage prohibition. Harrington said he was asked to post that document at the CNOBB website.

“I think you are agreeing to the fact that there was a sunshine violation. I would hate for the four of us to have you say that.” – defendant Reed Mapes

On July 25, Martin distributed a revised document that no longer referenced the parking garage prohibition.

On July 26, Mapes sent Harrington an email that said, “Please delete the item about the parking garage. Since we decided it might one day be a P n Z issue we decided to drop it for now.”

Watrous produced a letter to the editor addressed to Bradenton Beach residents which Harrington had drafted and sent to several CNOBB members on Aug. 12 seeking their feedback.

“The very brief mention of a ‘parking garage’ was in front of four of the Planning and Zoning Board (members) in attendance. That mistake was quickly realized and the subject was dropped,” Harrington’s letter said.

Harrington said he was asked not to publish the letter, but he could not recall who made that request.

Obtained previously by Barfield, Harrington distributed another email that same day containing Mapes’ response.

“I don’t want you to say we made a mistake. I think you are agreeing to the fact that there was a sunshine violation. I would hate for the four of us to have you say that,” Mapes wrote.

Related coverage

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Impervious pool exception being crafted

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

BRADENTON BEACH – The City of Bradenton Beach will continue designating swimming pools as impervious surfaces, but city officials are working on an exception for properties that lack the space required to install a pool that’s fully compliant with city code.

Impervious surfaces don’t allow rainwater to drain downward through them. Pervious surfaces do and they play an important role in a property’s ability to retain, filter and discharge rainwater without overflowing onto adjacent properties.

The city’s Land Development Code (LDC) allows a maximum lot coverage of 40 percent. This means no more than 40 percent of the residential property can be covered with impervious surfaces. Impervious surfaces include the house or primary structure, paved driveways, parking pads, sidewalks, concrete patios, sheds and other accessory structures.

City code also requires 30 percent of the property to be left as open space and at least 17.5 percent to be used for stormwater retention.

In February 2018, the City Commission voted 3-2 to designate swimming pools as impervious surfaces. Commissioners Jake Spooner and Ralph Cole opposed the decision, but Mayor John Chappie and Commissioners Marilyn Maro and Randy White felt it would help reduce the size of the vacation rental homes built in residential neighborhoods.

At the time, Spooner said developers would still find ways to install pools, but residents who wanted to add pools to their existing homes would be prevented from doing so.  Chappie scheduled the Jan. 22 work meeting discussion on impervious pools in response to Spooner and Cole’s requests to revisit that 2018 decision.

“This would be an exception for existing properties, where they cannot put the pool under the building.” – Steve Gilbert, Bradenton Beach Building Official

During the work meeting, it was noted that developers often install pools underneath the new elevated homes being built, which means they don’t count as additional impervious surfaces. Pools or portions of pools built outside the building footprint count as impervious surfaces when calculating lot coverage.

Spooner said installing pools underneath houses creates an echo effect and produces more noise for neighbors. Cole said the evaporating pool water contains chlorine that corrodes the building materials and the additional moisture is conducive to mold.

Regarding stormwater retention, the concern is that pools can fill up with water during heavy and prolonged rains and then overflow onto neighboring properties.

Building Official Steve Gilbert and City Engineer Lynn Burnett said the impervious pool designation could be maintained with an exception that allows property owners with limited space to install a pool if additional stormwater mitigation steps are taken. Gilbert said this could be accomplished by requiring the installation of an underground infiltration and drainage system next to the pool.

“This would be an exception for existing properties, where they cannot put the pool under the building. This would be an exception that lets them mitigate that by doing additional infiltration as necessary for new construction or as necessary for existing construction,” Gilbert said. “Pools are impervious, except if open space and poolside infiltration system requirements are met.”

A pool built underneath a house is not counted as an additional impervious surface. – Joe Hendricks | Sun

Reducing impervious space

Gilbert and Burnett said property owners can also be issued a building permit for a pool if they reduce existing impervious surfaces. This can be accomplished by replacing paved driveways and parking areas with driveway strips that allow drainage in the unpaved areas between the strips. Sidewalks, concrete patios and pads and accessory structures can also be removed to create more pervious space.

“We’re not asking them to meet today’s code. We’re asking them to reduce the non-conformity to the extent possible,” Gilbert said.

“As long as they’re decreasing the non-conformity, then we can issue a permit,” Burnett said.

When asked, Gilbert said no pool permit applications have been denied because of last year’s impervious pool designation.

Gilbert and Burnett share the opinion that the LDC does not clearly define what open space is and what type of landscaping materials should be used in the required open spaces. They feel this also needs to be addressed.

“This seems like it will work. People are going to be able to retrofit a pool and the drainage is going to be improved overall,” Spooner said of the proposed changes.

The commission directed Burnett to continue working on this issue and Gilbert said it would be two or three months before the proposed changes are presented to the commission for final adoption.

Bradenton Beach sunshine lawsuit Sanclemente

Sunshine lawsuit depositions continue

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

BRADENTON BEACH – Former mayor Jack Clarke and current City Clerk Terri Sanclemente have been deposed in the city’s ongoing Sunshine Law lawsuit.

On Monday, Jan. 7, Clarke was the first person deposed by the attorneys representing two of the six defendants.

Clarke is a co-plaintiff with the city of Bradenton Beach in the civil lawsuit that seeks a circuit court judge’s determination as to whether six former city advisory board members violated the Florida Sunshine Law that requires elected commission members and appointed advisory board members to conduct their official city business in properly noticed public meetings.

Clarke’s deposition revealed a defense strategy being pursued by attorney Thomas Shults, who is representing former Planning and Zoning Board member John Metz.

Early in the seven-hour deposition, Shults asked Clarke if he’s familiar with the phrase “acting in bad faith.” Shults spent much of the day trying to establish that Clarke, City Attorney Ricinda Perry and the City Commission acted in bad faith when filing the lawsuit against Metz, Reed Mapes, Tjet Martin, Patty Shay, Bill Vincent and Rose Vincent in August 2017.

The allegations stem from the Concerned Neighbors of Bradenton Beach (CNOBB) meetings that took place that summer when all six defendants served as city board members while participating in CNOBB meetings that were not conducted at city hall.

Shults’s defense strategy is partially based on the contentious relationship Clarke and Metz have had in recent years. Shults questioned email exchanges that occurred between Clarke, as a private citizen, and The Sun reporter who first reported the alleged violations. Several of those emails pertained to letters to the editor Clarke penned regarding Metz’s actions.

These actions included lawsuits Metz filed against the city and the 2015 lawsuit Metz filed against Clarke personally in hopes of keeping him off the special election recall ballot that resulted in Mayor Bill Shearon being removed from office.

Shults noted that one of Clarke’s letters was critical of the legal fees Metz has subjected city taxpayers to and how that differs from the cost of the Sunshine lawsuit in which the city is now involved.

Clarke acknowledged that he has not yet been billed for any of the more than $116,000 in legal fees the city has accrued so far. He also said he’s aware that Metz could come after him for his legal fees if it’s proven the lawsuit was filed in bad faith.

When asked why he agreed to be a co-plaintiff, Clarke said, “They broke the law. It’s that simple.”

Sanclemente deposition

Shults spent much of Sanclemente’s Jan. 9 deposition discussing her responsibilities as the city’s official records keeper. He asked about her training and certification and the duties placed on her staff.

He questioned the role Sanclemente played in preparing the signed affidavit and exhibits attorney Robert Watrous filed in support of the city’s lawsuit.

Shults noted one of those exhibits was the oath of office Metz took when he joined the Planning Board in 2014. Shults questioned why that document was not stamped as being notarized. Sanclemente said that occurred before her time and that would have been the responsibility of then-deputy clerks Tammy Johnson or Audra Lanzaro.

Shults asked if the city’s Land Development Code (LDC) is posted on the city website. Sanclemente said it is, but the city’s website currently is shut down while being upgraded. Shults asked if the LDC is posted at the city’s Municode page. When Sanclemente said it was, Shults produced a screenshot that indicated otherwise.

Perry and City Planner Alan Garrett are scheduled to be deposed next. The case is scheduled for a March trial.

Related coverage

Trial date set for Sunshine lawsuit

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Sunshine lawsuit depositions continue

Bradenton Beach Bridge Street remodel

Does Bridge Street need a redesign?

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

BRADENTON BEACH – Should Bridge Street be turned into a one-way street, be closed completely to vehicular traffic or remain as it is?

That’s a question the Bradenton Beach Community Redevelopment Agency (CRA) and the city commission want public input on before making any decisions. A public work meeting on the issue is scheduled at city hall on Wednesday, Feb. 6 at 6 p.m.

At the request of CRA member and Mayor John Chappie, this preliminary discussion occurred at the Wednesday, Jan. 9 CRA meeting.

“There’s been a lot of talk over the last several years: What do you want to do on Bridge Street? Do you want one-way traffic? Do you want two-way traffic? Do you want parking? Do you not want parking? We need to have some discussion here and in the community. We need to make some decisions,” Chappie said.

CRA chair and City Commissioner Ralph Cole said he’s willing to listen to the pros and cons of all options. CRA member and City Commissioner Jake Spooner said he’s visited other cities where the main street was closed and replaced by stages, splash parks and other public features. He noted those cities also have solid transportation options and adequate parking.

“It might be a little premature closing that street down without having that type of infrastructure already in place. But I think it would be a great thing to work towards,” he said.

Cole invited BridgeWalk resort owner Angela Rodocker to last week’s meeting and offered to contact every other Bridge Street business owner about the upcoming work meeting.

Emily Anne Smith, the CRA’s contracted architectural designer, is charged with creating a CRA district vision plan. She said there are many good options for Bridge Street, but access must be maintained for the mid-block post office.

The options could include a meandering, one-way traffic lane with trees and small park areas to the side. Or the street could be left as is, even though Smith doesn’t think it’s truly functioning as a two-way street.

She also suggested two-car electric trams to transport people from the free public parking south of Bridge Street at Cortez Beach and she supports giving all Bradenton Beach property owners their say at the work meeting.

Public input

Rodocker agrees that public input is critical. She thinks Bridge Street is a great location that could be transformed into a “true destination” – one that would be more pedestrian-friendly if reduced to one lane or no lanes.

“I’ve always envisioned Bridge Street being something different than it is today and I think a lot of people have as well. What we have now, it’s just not right. We’re functioning, but it’s not what it can be and should be,” she said.

She also cautioned against rushing the process due to self-imposed timeframes.

Bradenton Beach Marina president Mike Bazzy agrees with Rodocker and suggested the other Bridge Street business owners would too.

The marina is within walking distance of Bridge Street, but Bazzy said when he drives from the marina to the post office the street is often partially blocked by delivery trucks that he must swerve around, which he feels endangers pedestrians.

“Having two lanes there is probably not the best use,” he said.

CRA member and Anna Maria Oyster Bar president John Horne asked whether Smith needs to create storyboards to illustrate the possible options. Smith said that’s not needed yet, but she’ll provide simple illustrations at the work meeting – either printed on paper or created on a chalkboard in real time.

Chappie stressed the need for discussion, decision making and moving forward with the CRA vision plan: “The money’s there. With the incremental tax dollars we collect, we have an obligation to use those dollars.”

Chappie said no decisions will be made at the work meeting.

Later in the week, Chappie said he’s heard some initial resistance to any plan that increases traffic for residents on and around Bay Drive South.

Bradenton Beach paving delays

Force main delays impacting Gulf Drive traffic

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

BRADENTON BEACH – The paving and reopening of the northbound Gulf Drive travel lane near the intersection with Cortez Road has been delayed due to complications with Manatee County’s force main replacement project.

The water main valves Westra Construction recently installed along Gulf Drive and along Avenue C must be replaced with valves that contain backflow preventers. The replacement of the Gulf Drive valves is required before that section of Gulf Drive can be repaved and reopened.

A portion of the northbound lane between Cortez Road and 12th Street North has been barricaded for several months. As a result, the southbound left turn lane onto Cortez Road is currently serving as the northbound travel lane. This is creating traffic delays and safety concerns.

The force main valves Westra installed along Avenue C as part of the county’s force main project must also be replaced.

In October, Bradenton Beach commissioners authorized a $302,626 contract with Westra to accelerate a separate, city-funded Avenue C drainage improvement project that also includes the restoration of rights of way and driveways disturbed by the county project.

The city project was originally planned to be done by Woodruff & Sons later this year. Westra is now doing both projects at once in order to end the year-long disruptions Avenue C property owners have been subjected to.

On Wednesday, Jan. 3, The Sun contacted Tina Allen, the county’s contracted community outreach specialist. Allen said the repaving of the Gulf Drive travel lane is supposed to begin at some point in January.

Regarding Avenue C, Allen said, “I have been advised that some of the valves for Avenue C did not meet specifications and had to be sent back for replacements. The crew will be replacing the faulty valves and plan to begin restoration of the rights-of-way along Avenue C next week. Provided there are not unforeseen issues, they plan to have that restoration completed by the end of February. The paving of Avenue C will occur once the right-of-way areas are finished.”

Commission concerns

During the Thursday, Jan. 3 City Commission meeting, Commissioner Jake Spooner asked when the Gulf Drive turn lane would be restored.

Mayor John Chappie and Public Works Director Tom Woodard then shared the new information they received.

“I just got a report today. Apparently, they’re going to have to open that ditch line up again. The wrong valves were put on, so it’s going to be another three or four weeks,” Chappie said.

“Westra is claiming the county did not specify back-flows to be part of the valve. Manatee County is saying back-flows are standard spec for those valves, so they’re fighting between the two of them to see who’s going to pay. The valves that were installed are not correct,” Woodard said.

Woodard said the valves are site-specific and located the rights of way at each intersection. Their replacement doesn’t require the entire section of road to be dug up. Woodard was told the Gulf Drive valves extend from Cortez Road to 26th Street North, and the new valves were expected to arrive in about a week.

“I’d give it two weeks. You know how things go,” he said.

Woodard said it was suggested that Westra replace the valves near the Gulf Drive/Cortez Road intersection first.

“If they do that first, then they put the lanes back and the striping back and that would help immensely,” he said.

Commissioner Ralph Cole said the absence of the southbound left turn lane is confusing motorists as they approach the altered intersection from different directions.

“That’s why the police department is very concerned,” Chappie added.

“It’s backing up all the way past the S-turn, almost to Circle K,” Cole said of the congestion created by the missing southbound turn lane.

“It starts affecting businesses around here, and I’ll make sure the county knows about it. That’s not right,” Chappie said.

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Bradenton Beach commission goals 2019

Commission discusses its 2019 goals

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Bradenton Beach Gulf Drive bike path

Gulf Drive bike paths require more cleaning

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

BRADENTON BEACH – In response to complaints received, Public Works Director Tom Woodard is exploring ways to provide cleaner bike paths along Gulf Drive.

On Friday, Jan. 4, Woodard sent an email to Mayor John Chappie, Florida Department of Transportation (FDOT) Maintenance Program Manager Phil Catalano and others regarding these efforts.

“Currently I have been receiving numerous, almost daily complaint calls from residents and visitors about the state of Gulf Drive in Bradenton Beach, specifically the bike and turn lanes,” Woodard wrote.

He also noted that he’s been asked why portions of the bike lane along Gulf Drive are often covered with sand and debris.

Woodard’s email said he typically refers these complaints and inquiries directly to FDOT, the agency that controls, maintains and cleans the state-owned road that passes through Bradenton Beach.

“Since no sustained improvement has been achieved, I felt I should reach out to you again. Past complaints were met with immediate resolution, but a consistent SOP (standard operating procedure) is needed or needs to be enforced if one currently exists,” Woodard wrote.

“I know that USA Services is under contract to sweep (Gulf Drive) twice per month, but the Island receives sand and debris from the wind and rain continually. If not already being done, I believe random inspections and site visits by FDOT staff/inspectors during sweeping activities would help correct service shortfalls. The inspector could issue a work request to FDOT Highway Maintenance or road gang service for spot cleaning in between contracted sweeping visits. This has been an ongoing issue for us for years, and I feel that a solution is achievable with a bit more supervision and involvement,” Woodard wrote.

Woodard noted that with Chappie’s approval he recently reached out to Catalano to gauge FDOT’s interest in partnering with the city or hiring the city’s Public Works Department to sweep Gulf Drive and the Gulf Drive bike lanes.

“He expressed interest and said he would set a meeting. We are very eager to discuss the possibilities as soon as possible,” Woodard wrote regarding his communications with Catalano.

“Please be aware that the biggest hurdle to overcome for us will be the appropriation of a street sweeping/vacuum truck. We have the manpower and desire to perform the work but not the equipment,” his email said.

When contacted later, Woodard said the bike lanes between Bridge Street and the Longboat Pass Bridge typically generate the most complaints.

“We’re going to have to get a sweeper. I would like to do it and our guys can do it. We can do our own city streets too and they would be more well-maintained,” Woodard said.

Woodard said the city currently pays USA Services to sweep the city streets once every three months – and during former Mayor Bill Shearon’s administration, the city’s monthly street sweeping was reduced to quarterly as a cost-saving measure.

Woodard said he doesn’t expect USA Services to sweep the state-owned bike lanes and turn lanes every week. He also noted that he has asked the city commission to purchase a street sweeping machine in the past. Woodard estimated a new street sweeper would cost approximately $125,000, and his staff is currently limited to backpack blowers.

“I don’t mind taking it over, but we needed a partnership for the state road,” Woodard said.

He mentioned the possibility of state assistance for the purchase or use of street sweeping equipment in exchange for the city sweeping Gulf Drive and the state’s bike lanes.

“I’m open to any options and suggestions,” Woodard said.

Red tide

Bradenton Beach year in review

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News, Special Sections, Year in Review.

BRADENTON BEACH – Red tide, the delayed dock project, disruptions for Avenue C residents, city elections and a Sunshine Law lawsuit were among the top Bradenton Beach stories in 2018.

Red tide

The first signs of red tide arrived in early August, when massive amounts of dead fish washed ashore near the Bridge Tender Inn & Dockside Bar and the Gulf of Mexico shoreline. County staff spent much of the next two months removing dead fish from the beaches.

Concerned business owners gathered at the Swordfish Grill in Cortez and agreed to embark on promotional efforts to help combat red tide’s economic impacts. Those efforts included a long table dining event, organized gatherings at local restaurants and bars and the formation of the non-profit organization called SIRF (Service Industry Relief Festivities).

Meanwhile, the red tide bloom persisted throughout the Island, forcing some businesses to close and devastating the tourism industry before finally dissipating the last week of December.

Floating dock

The Community Redevelopment Agency (CRA) spent 2018 waiting for Technomarine to fulfill its 2017 contract to install a new floating dock alongside the Bridge Street Pier.

Manufactured in Spain, the aluminum-framed dock sections arrived at Port Everglades in August and were trucked to an undisclosed location in September. In October, the ongoing delays led CRA members and the city attorney to initiate preliminary breach of contract procedures. There was also discussion about requesting an Attorney General’s Office investigation of Technomarine’s business practices.

In November, Police Chief Sam Speciale and CRA Chair Ralph Cole used GPS data embedded in a digital photograph received from Technomarine to locate the dock sections at the Hecker Construction storage yard in Gibsonton.

In December, the CRA and Technomarine reached a settlement agreement that relieves Technomarine of its remaining contractual obligations once the floats and hardware are delivered to Hecker Construction, which will then install the long-delayed dock.

The CRA also agreed to spend approximately $568,000 to underground the utilities lines along Bridge Street and a portion of Gulf Drive in 2019, hired architectural designer Emily Anne Smith to create a CRA vision plan, purchased new holiday decorations for Bridge Street and committed funds to purchase live clams for a living shoreline project.

Avenue C

Due to unforeseen complications, Manatee County’s force main replacement project that began on Avenue C in late 2017 continued well into 2018. The street was torn up and unpaved for much of the year, and residents and rental property owners complained to city commissioners about the dust, dirt and disruption to their neighborhood. The street was repaved in early October.

In October, the commission approved a $302,626 contract with Westra Construction to expedite the city’s previously-planned drainage improvements and driveway restorations rather than waiting for Woodruff & Sons to do it mid-2019. That work is now underway.

In February, Avenue C residents rejected City Engineer Lynn Burnett’s suggestions to install a bike path along their street.

City elections

In November, incumbent City Commissioners Ralph Cole and Marilyn Maro retained their commission seats by defeating challengers Tjet Martin and John Metz. City voters also approved all seven charter amendments proposed by the city’s Charter Review Committee.

The voter-approved charter amendments restore commission wards, require additional proof of residency for commission candidates and clarify that charter amendment petition initiatives are to be conducted according to procedures set forth in the city charter.

In June, the commission majority decided four charter amendments proposed by John Metz, Reed Mapes and their Keep Our Residential Neighborhoods (KORN) political action committee would not appear on the November ballot. KORN then filed a lawsuit against the city. The court hearings concluded in September and the parties are still awaiting a judge’s ruling on whether the amendments must appear on a future ballot.

Sunshine lawsuit

Former Planning and Zoning Board members Reed Mapes, Patty Shay, Bill Vincent and former Scenic WAVES Committee member Tjet Martin were deposed under oath during the discovery process for Sunshine Law lawsuit filed in 2017 by the city and co-plaintiff Jack Clarke.

Former planning board member John Metz and Scenic WAVES member Rose Vincent have not yet been deposed. A mediation session is scheduled in February, and a trial before 12th Circuit Court Judge Edward Nicholas is scheduled in March.

The city’s legal fees currently exceed $116,000, and the city seeks to recoup a portion of those fees if the judge determines Sunshine violations occurred. During a May press conference, paralegal Michael Barfield accused the defendants of acting as a “shadow government.”

Commission actions

In 2018, the City Commission banned swimming pool slides, increased pool setbacks and decided that swimming pools would count as impervious (non-draining) surfaces when calculating lot coverage restrictions. In August, the commission adopted two ordinances that prohibit the construction of standalone or multi-level parking garages anywhere in the city.

Bradenton Beach Christmas on Bridge Street Winning boat

Holiday celebrations on Bridge Street

Written by Tom Vaught on . Posted in Entertainment, Events, Family fun, Holiday.

BRADENTON BEACH – The celebration spotlight Saturday night was on Bridge Street as merchants opened their stores, offering snacks and drinks to shoppers and a lighted boat parade took to the water off of the Bridge Street Pier. Despite the cooler weather, shoppers came out to see the decorations and participate in the annual holiday celebration.

The Anna Maria Island Privateers held a fundraiser at the Drift In and musicians Steve Arvey, Rebecca Bird and Deacon Gibson performed from a flatbed trailer that went up and down the street. There were also songs from the Manatee School for the Arts Thespian Troupe 6458 who were raising money for traveling competitions.

Bradenton Beach holiday on Bridge Street bridge st jewelers
Kassy, Quinn and Julia Lombardo offered complimentary popcorn at Bridge Street Jewelers. – Tom Vaught | Sun

The heart of the city’s commercial district was festively decorated by the public works department with holiday lights around public signs, streetlights and the Bridge Street clock. Visitors posed for photos and selfies in front of the Christmas tree in the roundabout at the east end of the street.

As 7 p.m. neared, the people headed for the pier to get a look at the Bradenton Beach Holiday Boat Parade.  Twelve boats competed for the top prize, along with the Bradenton Beach police boat.

Bradenton Beach holiday Anna Maria Princess
The Anna Maria Princess paddle boat led the lighted boat parade. – Submitted

Participating boaters gathered at the north side of the Cortez Bridge and at 6:30 p.m., they turned on their lights and paraded in a circle by the Seafood Shack, and then they lined up for the 7 p.m. opening of the drawbridge. When it opened, they sailed south close to the Cortez side of the bay and went down to Longboat Pass, where they turned around and headed south near Anna Maria Island. As they did, the crowd on the pier cheered and took pictures of the boats up close.

Bradenton Beach holiday boat team Erik Jones and crew
The lighted boat parade’s winning team celebrates their victory. – Submitted | Mike Bazzy

Eric Jones and his crew won the $200 prize for the best-decorated boat.

Organizer Mike Bazzy called the parade a success and said he would organize another one next year.

Castles in the Sand

Red tide, hurricanes and interest rates

Written by Louise Bolger on . Posted in Uncategorized.

It’s been a strange year and a few months for real estate. Irma took a toll, although not a devastating one, but enough for us and prospective buyers to sit up and take notice. Then the red tide rolled into town and took its time leaving, with traces still floating around, and then interest rates went up, putting a damper on the housing market nationally and the potential that it could trickle down to us. In spite of, this Anna Maria Island still keeps moving forward with selling prices holding and buyers still looking.

Since everyone in real estate, homeowners and professionals alike, are always interested in the upper end of the market, it’s time to do an analysis of $1 million and over sales and listings for residential properties including condos and vacant land. We’ll take a look at July, August, September and October. The closed property numbers are from the Manatee County Property Appraisers Office and the available or pending properties as of this writing are from realtor.com.

Cortez had two properties close over $1 million; last time this tiny area didn’t have any. The city of Anna Maria had 17 properties $1 million or over close during these months ranging from $1,000,000 to $2,500,000; during the previous analysis, there were nine. The combined cities of Holmes Beach and Bradenton Beach had 14 over $1 million closings during these months, ranging from $1,100,000 to $5,000,000. In the previous analysis, there were 19 sales.

As far as currently on the market or pending, Cortez has five, ranging from $1,099,900 to $1,500,000, which is a waterfront lot. During the previous analysis, there were four properties in this price range. The city of Anna Maria currently has 51 properties over $1 million, ranging from $1,049,000 to $5,200,000. Of these, two are over $3 million, and two are over $4 million. Last time, Anna Maria had 64 properties listed at $1 million or more.

And the combined cities of Holmes Beach and Bradenton Beach have 68 properties currently listed over $1 million, ranging from $1,000,000 to $7,775,000, which is a large waterfront parcel of land. Of these, two are over $3 million, three are $4 million or over and one is over $5 million. Last time these cities had 77 properties available in this price range.

Although not exact, the numbers are fairly consistent. Much of the country is experiencing a slowdown of the real estate market because of the lack of inventory driving up prices but resulting in lower sales. We too see that in our marketplace, but we also have the additional element of a reputation for hurricanes and the persistent red tide, which is getting a lot of media publicity around the country. Now that we’re getting into the busy selling season, we should have a clearer idea of the availability of buyers.

I was on Palm Beach Island for a weekend a few weeks ago, and $1 million properties don’t even exist on that island. But on this Island, we have plenty, and, hopefully, that trend will continue into the new year.

Wishing everyone a peaceful and merry holiday.

More Castles in the Sand:

No Christmas gifts for foreign buyers

Tax overhaul saved one thing

Anticipating condo special assessments

Bradenton Beach day dock settlement

CRA reaches settlement with Technomarine

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

BRADENTON BEACH – The Community Redevelopment Agency (CRA) and Technomarine have negotiated a settlement agreement that if fulfilled should result in the installation of a new floating day dock next to the Bridge Street Pier early next year.

The mutual release and settlement agreement approved by CRA members last week gives Technomarine and CEO Erik Sanderson 45 days to deliver the floating dock decking, hardware and floats needed for installation.

In exchange, Technomarine will be released of any further contractual obligations to the CRA, including the fulfillment of the $119,980 dock project contract the two parties agreed to in early 2017.

“Without any admission of liability, fault or responsibility, the parties desire to settle all their disputes,” the agreement says.

It also includes a provision that says, “The parties agree not to directly or indirectly disparage, discredit or comment upon each other.”

During previous CRA meetings, there was discussion about requesting an Attorney General’s Office investigation into Technomarine’s business practices.

The CRA members approved the proposed settlement agreement during a special CRA meeting that occurred immediately before the Thursday, Dec. 6, City Commission meeting. The agreement was first discussed at the previous day’s CRA meeting. Perry negotiated the agreement with Julianne Frank, the attorney now representing Sanderson and Technomarine.

The agreement requires Technomarine to deliver all dock materials identified in the 2017 contract to the CRA within 45 days of the settlement agreement being executed. Perry said this gives Technomarine until approximately Jan. 20. Pier Team facilitator and Police Chief Sam Speciale is to coordinate the delivery and subsequent installation.

In early November, using GPS data contained in a photograph Technomarine provided the city, Speciale and CRA Chair Ralph Cole found the CRA’s eight, 30-foot dock sections sitting in the storage yard of Hecker Construction Company in Gibsonton. Speciale and Cole were told Hecker had a verbal agreement with Technomarine to install the floating dock, but no installment date had been scheduled. The CRA now intends to use Hecker Construction to install the floating dock, and about $36,000 remains of the funds originally budgeted for the project.

During Thursday’s meeting, Perry said the original settlement proposal called for Technomarine to deliver the docks, hardware and floats within 30 days, but Sanderson requested an extra 15 days to secure delivery of the floats during the holidays. Speciale was recently told the cleats and other hardware were being stored at Technomarine’s warehouse in North Palm Beach.

To date, the CRA has paid Technomarine $83,952. Using resort tax revenues, Manatee County is reimbursing the CRA for half of the contracted project costs.

According to the settlement agreement, no efforts will be made to recoup any money from Technomarine. This includes the $29,961 payment made to Technomarine on July 31, which was supposed to then be resubmitted to Ronautica Marinas, the Spain-based company that manufactured the aluminum-framed, composite decking sections for Technomarine.

The dock sections were shipped to Port Everglades in August, where they sat in limbo for more than two weeks. Ronautica eventually released the dock sections for pickup by Technomarine even though Technomarine still owed Ronautica more than $29,000 for the manufacturing and storage fees. The dock sections were then trucked to Hecker’s storage yard in Gibsonton.

Ronautica Managing Director Oscar Fontan later told The Sun his company intended to file a lawsuit against Technomarine.

In May, the Circuit Court of the 15th Judicial Circuit in Palm Beach County ordered Sanderson and Technomarine to pay contractor Christopher Karch $1.7 million in damages for the $3.8 million lawsuit Karch filed in 2017.

Earlier this year, the city of Pahokee filed a lawsuit against Technomarine seeking the return of $125,000 for an alleged breach of contract regarding the renovation of a municipal marina and campground.

Related Coverage

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Bradenton Beach Sunshine lawsuit Mapes

Trial date set for Sunshine lawsuit

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

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

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

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

First Place
First Amendment Defense
Jon A. Roosenraad Award
2019

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

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

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

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

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

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

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

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

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

Mapes letter rebutted

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

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

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

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

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

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

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

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

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

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

Related Coverage

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Mapes and Martin deposed in Sunshine lawsuit

Celebrate Christmas on Bridge Street

Written by Joe Hendricks on . Posted in Entertainment, Events, Family fun, Holiday.

BRADENTON BEACH – The Bridge Street Merchants will host their annual Christmas on Bridge Street holiday celebration on Saturday, Dec. 15 from 4-6:30 p.m.

The holiday festivities will take place up and down Bridge Street in the heart of the city’s business district.

Christmas on Bridge Street clock tower
On Saturday, Christmas Designers began installing new holiday decorations on the historic pier clocktower and along Bridge Street. – Joe Hendricks | Sun

Santa Claus will visit the businesses up and down street aboard his electric sled and participating retailers and food and beverage establishments will offer specials and special holiday activities.

This year’s musical roster includes Brigid’s Cross, Steve Arvey, Rebecca Bird and Deacon Gibson, with Arvey again serving as musical coordinator. As a new twist, the musicians will perform on a flatbed trailer that will provide music on the move at various locations along Bridge Street and beyond.

Students from the Manatee School of the Arts will also wander Bridge Street singing Christmas carols.

A cornhole tournament and children’s craft activities will take place in the parking lot at the historic Bridge Street Pier.

Bridge Street will look even more festive this year thanks to the new holiday decorations recently purchased by the Community Redevelopment Agency. The new decorations were manufactured and installed by Christmas Designers, the firm that does the elaborate holiday decorations along University Boulevard and at the University Town Center mall in Sarasota.

The new decorations supplement the decorations purchased in previous years by the Bridge Street Merchants and the merchants’ beautifully decorated Christmas tree that stands in the traffic circle at the east end of Bridge Street.

“The street looks very nice,” said Bridge Street Merchants vice president Sherman Baldwin.

Christmas on Bridge Street is co-sponsored by the Anna Maria Island Sun.

Christmas on Bridge Street will be followed by the Bradenton Beach Holiday Boat Parade that starts at 7 p.m.

BridgeTender Dock

Bridge Tender Inn seeks dock extension

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

BRADENTON BEACH – Bridge Tender Inn & Dockside Bar owner Fred Bartizal is seeking City Commission approval for a six-slip, 100-foot extension of his existing commercial dock.

After reviewing the dock request on Wednesday, Nov. 14, the Planning and Zoning Board recommended commission approval.

City Planner Alan Garrett told the planning board members the request comes with a stipulation proffered by the Bartizal that states the expanded dock cannot be used for overnight mooring and the slips cannot be rented to others.

Garrett said he would only recommend approval of the permitting requests if the mooring and rental stipulations are included. A Nov. 1 memo Garrett included in the meeting packet said the dock is to provide temporary docking slips for patrons of the establishment.

During the meeting, Garrett said the dock expansion would not interfere with any future dredging projects in that area.

“I think that’s very important,” he said.

Tom Glancy, from Duncan Seawall, Dock and Boat Lift, represented Bartizal at the public hearing. As a planning board member, Bartizal recused himself from the public hearing discussion.

“It’s strictly to allow additional patrons to come and go from the restaurant,” Glancy said of the dock.

The permitting process requires three City Commission approvals:

  • A special permit use for the expansion of a commercial boat dock in the General Commercial (C-2) zone district;
  • A special permit use for a commercial dock exceeding 65 feet in length from the mean high-water line;
  • A special permit use for a commercial dock exceeding 500 square feet in area.

Glancy, a former marine biologist, said the dock extension was also being reviewed by the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection, and their permitting is pending.

“None of the slips or any of the structures will be over any seagrass. They’re all in deep water. Nobody will be prop-drifting out there,” Glancy said, noting that there is another nearby dock that extends further into the bay.

Board member Bill Morrow asked if the state agencies require an extended dock to be lighted for the safety of passing boaters. Glancy said that’s not a state requirement for a dock that length. He said for the safety of patrons however, the dock would likely be lighted using solar lighting or by extending the current dock’s existing electrical lines.

Distance requirement?

Morrow asked Glancy if there’s a defined distance that must be maintained between the end of the dock and navigable waters near the pier, which he referred to as a “mooring field.”

Glancy said he didn’t know that the city ever actually delineated a designated and authorized mooring field, but there would be at least 15 feet of space between the dock and that area.

“I think those are actually illegal moorings as the State of Florida would look at them. If you’re going to have an established mooring field, you have to show that you have pump outs and things to show that people basically aren’t squatting out there,” Glancy said.

“So, your contention is the boats on the far western edge of the mooring field might be illegally parked?” Morrow asked.

“I would think any boat that’s parked there for a long time is probably illegally parked. You can pick up and move anchor and work around some of those rules, but when people start putting down roots for more than 30 days they’ve established, basically, an illegal mooring,” Glancy said.

Barbara Baker, president of the nearby Old Bridge Village Condominium Association, was the only meeting attendee to provide public input. Baker said she was glad efforts were being made to protect the seagrass. She said she doesn’t oppose the dock expansion request as presented with the stipulations, but she asked the city to be diligent in making sure the dock is used as requested, with no additional commercial uses.

Ken McDonough, Andrew Mincieli and Morrow then voted in favor of recommending City Commission approval of the three permitting requests made. Garrett said he expects the dock request to be heard by the City Commission in January.

Bradenton Beach Boat Parade

Holiday boat parade sets sail

Written by Joe Hendricks on . Posted in Entertainment, Holiday, Parades.

BRADENTON BEACH – Bradenton Beach Marina president Mike Bazzy invites boaters to participate in the inaugural Bradenton Beach Holiday Boat Parade on Saturday, Dec. 15 at 7 p.m. in the Intracoastal Waterway.

“We hope boat owners will participate, and people who aren’t boat owners will at least come down and enjoy the parade. We hope people will stay for the parade after going to Christmas on Bridge Street,” Bazzy said.

The parade route will begin near the Cortez Bridge and head south to Longboat Pass Bridge. The parade will then turn back to the north, pass the historic Bridge Street Pier and end at the Bradenton Beach Marina. The boat parade is expected to take 60 to 90 minutes. Entry is free and the parade is open to powerboats and sailboats.

The parade can be viewed by land from the Cortez Bridge when the parade starts, from the Longboat Pass Bridge when the boats turn around and from the historic Bridge Street Pier that Bazzy says will provide the optimal view of the lighted boats.

“The parade will end at the marina and on the final approach the boats will come right beside the pier before turning into the marina. About halfway down the pier, on the north side, will be the best place to see the boats. They’ll be about 50 feet away from you there,” Bazzy said.

Bazzy said there are two reasons for this year’s boat parade: “There had been a boat parade put on by the Cortez Yacht Club for many years, but they stopped doing it a couple years ago, so we’ve been without a boat parade.”

The old boat parade began at the north end of Longboat Key and ended at the Seafood Shack in Cortez.

“The second thing is it’s been a tough year for those of us who make our living on the water and for all the businesses out here (because of the red tide). It would be nice to get a little exposure and for people to see that boating is still good around here and the water is very pleasant. It’s a good time to come to the Island,” Bazzy said.

The boat parade is being sponsored by the Bradenton Beach Marina and Island Pearl Excursions.

Click for entry forms and more information, or call 941-778-2288.

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Christmas on Bridge Street