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Campaign Cole

Cole leads fundraising in Bradenton Beach commission race

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

BRADENTON BEACH – Incumbent Bradenton Beach City Commissioner Ralph Cole is the leading campaign fundraiser in the four-person race for the two commission seats to be decided in the upcoming city elections.

According to his campaign treasurer’s reports, Cole raised $3,100 and spent $1,122 on his campaign as of Sept. 14. In addition to loaning his own campaign $1,100, Cole received $500 from Bridgewalk Partners LLC and $500 from the Silver Surf resort, which are both owned by Angela Rodocker. He also received $1,000 from the Local 2546 Suncoast Professional Firefighters and Paramedics labor union.

Campaign Martin
Former Scenic WAVES chair Tjet Martin seeks a City Commission seat. – Joe Hendricks | Sun

Cole paid Speed King in Palmetto $674 for yard signs and flyers and Steam Design Services in Holmes Beach $400 for campaign marketing services. He also paid the $48 qualifying fee.

As of Sept. 14, former Scenic WAVES Committee chair Tjet Martin raised $1,800, including $1,100 in loans to her own campaign.

Martin received $300 from former Bradenton Beach resident Mary Mapes, $100 each from Bradenton Beach residents Bill and Rose Vincent, $100 from James Srackangast, who lists a North Carolina address, $50 from Roger Fultz, who lists a Michigan address and $50 from former deputy clerk Tammy Johnson.

Campaign Maro
Commissioner Marilyn Maro seeks a second term in office. – Joe Hendricks | Sun

Martin paid Signs on the Cheap in Texas $200 and paid the $48 qualifying fee.

As of Sept. 14, Marilyn Maro, also an incumbent, raised $1,175, including $150 she loaned to her own campaign. Like Cole, Maro received $1,000 from the Suncoast Professional Firefighters and Paramedics. She also received $25 from Bradenton Beach resident Lynne Budzinski.

Maro’s only listed campaign expenditures were a $17 service fee for her campaign account, $16.50 for data obtained from the Manatee County Board of Commissioners and the $48 qualifying fee.

Campaign Metz
Former Planning and Zoning Board member John Metz now seeks a commission seat. – Joe Hendricks | Sun

Former Planning and Zoning Board member John Metz loaned his own campaign $140, received $100 from Rose Vincent and made a $377 in-kind contribution to himself for lawn signs.

As of Sept. 14, Metz spent $6 on bank statements and paid the $48 qualifying fee.

Vote by mail ballots will be mailed out the first week of October and the elections will conclude on Tuesday, Nov. 6.

 

 

Bradenton Beach CRA underground

CRA approves undergrounding project

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

BRADENTON BEACH – The Community Redevelopment Agency (CRA) has agreed to spend approximately $568,000 to place underground the utility lines on Bridge Street and some of the lines that cross over Gulf Drive.

Having discussed the project for several months, the CRA members received cost estimates on Sept. 5 from the CDM Smith engineering and consulting firm that’s guiding the Longboat Key undergrounding project.

The CRA members agreed in principle to spend $440,000 to bury the utility lines on Bridge Street, including the connection fees for Bridge Street property owners and business owners to be connected to the above-ground transformers.

CDM Smith Senior Utility Coordinator Mark Porter said the fee connections typically cost $2,000 to $7,000, and he thinks the Bridge Street connections will be on the low end of that. Earlier this year, CRA member and City Commissioner Jake Spooner discussed the connection fees with several Bridge Street property owners and some opposed the connection fees.

The $440,000 estimate includes $18,000 for street lighting replacement and $40,000 in contingency funds to cover unanticipated costs.

The CRA members also agreed to spend $77,000 to bury eight lateral utility lines that cross over Gulf Drive between Cortez Road and Fourth Street South. That estimated fee includes $4,000 in contingency funds.

The CRA members agreed to hire CDM Smith to oversee the undergrounding project. CDM Smith associate Amelia Davies estimated that cost to be about 10 percent of the overall project costs. This amounts to about $51,700 and brings the total estimated project cost to $568,000. A previous preliminary cost estimate provided by CDM Smith was roughly $750,000.

The CRA approval included the stipulation that CDM Smith coordinates with Emily Anne Smith, the independent architectural designer contracted to develop a CRA district master plan. During public comment, Smith said she supports the project, will incorporate it into her designs and wishes it would have happened 20 years ago.

The contract with CDM Smith is expected to be presented at the next CRA meeting.

CRA discussion

CRA chair and City Commissioner Ralph Cole has pushed for the undergrounding project since at least early 2017, and he’s often noted it was included in the original CRA plan adopted in 1992.

“It’s always been put off because the funds weren’t available,” he said last week.

Cole said burying the utility lines would beautify and enhance Bridge Street while also eliminating the possibility of those power lines coming down in a storm.

“We’re using the CRA money for what it was meant to be used for,” he said.

Spooner, who’s also a Bridge Street business owner, asked Porter how disruptive the project would be to the businesses.

Porter estimated the entire project would take no more than six months, and the Bridge Street properties would never be without power. He said the disruption to the businesses would be minimal because directional boring would be used to bury the utility lines and conduits.

“You don’t have to go in there and tear up roads and sidewalks. We just have to have somewhere to set the rig and have the bore come up,” Porter said, noting the most disruptive work could be scheduled earlier in the week when the businesses are slower.

“I think this is a bold move. I think it says a lot about Bradenton Beach and its CRA and is something tangible that people can see,” said member Ed Chiles, who was participating by phone.

“I do think this is one of the most important projects the CRA has taken on. It shows the leadership in Bradenton Beach because by this move the CRA is leading the way to underground the utilities for Anna Maria Island. Bradenton Beach’s downtown area is taking the very first, most important step in this regard. I think it can grow from here and go Island-wide, and I hope it will,” Chiles said.

Funding mechanism

Using tax increment revenues generated in the CRA district that extends from Cortez Road to the southernmost property lines along Fifth Street South, the CRA will cover the entire cost of the project, and the city’s general fund will not be impacted.

As of early August, the CRA fund balance was about $1.7 million, according to City Treasurer Shayne Thompson. The CRA’s 2018-19 fiscal year budget anticipates an additional $474,463 in tax revenues for the new fiscal year that begins Oct. 1. The undergrounding project was not included in the CRA’s 2018-19 budget, and that will require a future budget amendment.

red tide diver crab

A scuba diver’s view of red tide

Written by Joe Hendricks on . Posted in Featured, Outdoors, Red tide.

The recent red tide produced fish kills that littered the Island’s Gulf-side beaches and this begs the question: Are there any fish left in this part of the Gulf?

Sarasota-based professional underwater cinematographer, photographer and explorer Curt Bowen has some answers to that question.

On Aug. 29, Bowen conducted four dives in the Gulf of Mexico at various depths offshore of the Island.

He compiled his underwater footage into a short video titled, “Red Tide: The Death of our Shores” and posted it on his Facebook page.

“What I found was both shocking and hopeful,” he wrote in his post.

Bowen’s video begins with footage shot at site 1, one mile offshore of the Bradenton Beach/Holmes Beach border in murky water that was 15-feet deep and offered a foot of visibility. Other than plants and plankton, no living creatures are seen.

The embedded text says, “Estimated loss of life 98 percent.”

The site 2 footage was shot three miles offshore of Bradenton Beach in water 24-feet deep with eight to nine feet of visibility and an estimated loss of life 40 percent. The footage includes a decomposing fish that falls apart in Bowen’s hands, a dead crab resting on the bottom and some live fish swimming around.

The site 3 footage was shot seven miles offshore of Longboat Pass, in water 41-feet deep, with 10 to 15 feet of visibility and an estimated 10 percent loss of life. Many varieties of fish are seen swimming at this site, but Bowen also picks up a lifeless shell that somewhat resembles a sand dollar.

Site 4 was one mile offshore from the northern end of Longboat Key in murky water 18 feet deep with 12 to 18 inches of visibility and an estimated the loss of life of 99 percent. Bowen is seen picking up several lifeless clam and scallop shells. He also picks up a lifeless sea urchin and finds a dead stone crab tangled in an underwater plant.

Diver’s observations

When contacted Sunday, Bowen shared more observations.

“It was hit really hard at one mile out, and it slowly got better farther offshore. I calculated the percentages according to what I saw alive and dead. That doesn’t mean that some of the fish didn’t swim away, but I didn’t see anything alive at one mile. Then again, I could only see for 15 inches,” he said, noting the plankton and dead particles in the water greatly reduced visibility.

“That’s why you couldn’t see for more than a foot at one mile out,” Bowen said.

“At seven miles out, I saw a few things dead, but there were a lot of live fish. At 15 miles, I would imagine it’s not affected at all,” he added.

Regarding the dead scallops and clams he discovered, Bowen said, “They’re usually buried in the sand, but they must’ve tried to unbury themselves to get away from the red tide. They obviously didn’t make it because I’ve never seen clams scattered across the bottom like that – and I’ve been diving in the Gulf for 30 years.

Regarding the fish population, Bowen said, “The red tide floats on the surface. The deeper you go, the better it’ll be – which is good, because those fish will come back in and repopulate the shallow water once the red tide goes away. It’ll take a couple years. We had a big red tide kill in 2005, and it took two years to get to almost normal. It wasn’t as bad as this one, but it was pretty close. I’ve never seen it this bad.”

red tide diver fish
This dead and decomposing fish was found three miles offshore from Bradenton Beach. – Curt Bowen | Submitted

“We’re on the north end of the kill. The currents that come out of Tampa Bay typically run south, so it could have been keeping the red tide from killing stuff at 10 or 15 miles. Out of Fort Myers and Port Charlotte, the currents go outwards, so I’m thinking there’s going to be a worse kill in deeper water than there was in Anna Maria. We got lucky because of the Tampa currents. I’m trying to get a boat out of Fort Myers and go down there to see how many miles offshore that kill was,” Bowen said.

He also plans to repeat his Island dives in the coming months to continue monitoring the underwater conditions.

Bowen is the owner and publisher of Advanced Diver Magazine, and he’s worked with several television networks including National Geographic and the Discovery Channel. He’s also the founder of the ADM Exploration Foundation, and you can visit him online.

Related Coverage

Red tide lessens

Red tides, lost summers

Red tide FAQs

Planning and Zoning chair resigns

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

BRADENTON BEACH – Bradenton Beach Planning and Zoning Board chairman Jim Lynch has resigned.

Lynch submitted his written resignation by email to Mayor John Chappie, City Clerk Terri Sanclemente and City Planner Alan Garrett on Thursday, July 26.

“Pursuant to our discussion this morning, please accept this email message as my resignation from the Planning and Zoning Board, effective immediately,” Lynch’s email said.

Bradenton Beach planning zoning resignation
Jim Lynch

“I would like to thank all those who have graciously helped me during my terms to perform my duties as a Planning & Zoning Board member and as its chair. After long consideration and years of effort, I have concluded I can be more effective helping members of our community in ways other than as a member of the Planning & Zoning Board.

“I will be forever thankful that we were able to establish written Planning & Zoning Board procedures. These include allowing board members to document the reasons for their recommendations to the City Commission, including dissenting voices, which I recommend be seriously considered to arrive at the best decisions for the city. Thank you for the opportunity to serve the citizens of Bradenton Beach,” Lynch wrote.

Lynch was appointed to the Planning and Zoning Board in early 2015. He resigned later that year but returned to the board a few months later. In January, he was reappointed to serve another term.

“He’s done an amazing job. He shows great leadership on that board,” Mayor John Chappie said when the commission reappointed Lynch. Lynch’s peers then elected him to serve as the board chairman.

Now retired, Lynch spent five years as the senior assistant county attorney for Hillsborough County after a 20-year career as an Army Military Attorney (JAG). Throughout his legal career, Lynch also served as an adjunct professor, teaching business, law and criminal justice classes. He also served as an ombudsman for Florida’s Medicaid Managed Long-Term Care Program.

Former chair and current vice-chair John Burns will serve as interim chair until the board elects a new chair. Lynch’s resignation leaves two open seats on the seven-member board. Those interested in serving on the volunteer advisory board can contact the city clerk’s office at 941-778-1005.

Merman Storm returns

Merman makes return visit

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

BRADENTON BEACH – The mythical merman has returned to Bradenton Beach.

Last year, the mysterious male mermaid was photographed near the BeachHouse restaurant, and his picture ran in The Sun, but it was not known who he was or where he came from.

On Friday, July 20, the merman contacted The Sun and shared his tale. Merman Storm, aka Bart Hibbs, is an aeronautical engineer from California who vacations in Bradenton Beach with his non-mermaid wife.

“I swam all the way here. If you hide under the ships, they can’t see you when you swim through the Panama Canal,” he joked.

Hibbs enjoys Florida’s thunderstorms and sunsets.

“That’s why Storm is my merman name,” he said.

His appearances here are often at sunset, when he hopes to see the optical phenomenon known as the green flash.

“I’ve been doing this for about three years now. I got into it when I saw a Mertailor video on TV,” Hibbs said.

Mertailor is the Crystal River-based company that makes tails for adults and kids. The list of clients at TheMertailor.com includes Lady Gaga, Disney and the world-famous mermaids of Weeki Wachee Springs State Park.

Hibbs recently bought a new silicone tail from Mertailor for $1,200. He said more expensive tails start at $3,000 and go as high as $10,000 to $20,000.

Becoming merman

“I graduated from Caltech, and I’m interested in flow dynamics. The company I work for, AeroVironment, was founded by Paul MacCready, the father of human-powered flight. I used to talk to him about human-powered things that move through the air and water. I also like to build things like models and pedal-powered boats, and I’m interested in fantasy and science fiction, so those four things converged on me being a merman,” Hibbs explained.

Hibbs was asked about the reactions he gets as a merman.

“A lot of people just ignore the whole thing, they don’t know what to do with it. A lot of kids ask me if I’m a real merman. I say of course I am. Adults normally want to know if they can take a picture of me and where I got the tail.”

His wife has never donned a mermaid’s tail.

“She’s afraid she’ll drown,” Hibbs said.

“I’m not all that great of a swimmer to tell the truth, but it turns out the monofin built into the tails is really powerful when you’re out there swimming around. The silicone tail you’ll see today has a monofin designed mainly for looks. I have a feeling it doesn’t have much propulsion, which is why I’m not going into the choppy water for my first swim in it,” Hibbs said.

In California, Storm sometimes swims at Harbor Cove Beach in Ventura.

“It’s behind the breakwaters and the waves are minor. Then there’s the local community pool. A few days before coming here we had a gathering called ‘Tails and Scales’ at a pool in Southern California – and by the way, many community pools don’t allow tail swimming,” Hibbs said.

“I do it because I enjoy it. If anyone wants to know why a straight, married man would put on a tail and go swimming, the answer is the majority of people who do it are women,” Hibbs said of a hobby that results in time spent with mermaids.

“However, we do have a problem with a group of people known as ‘merverts.’ As soon as you put on one of these tails, some people think you are public property. The only time I’ve been subjected to sexual harassment was when I was wearing the tail. It’s not fun and it really makes you understand what women have to put up with.”

On the beach

Merman Storm was on the beach at the end of Bridge Street Friday evening. Using coconut oil for lubrication, it took him about 10 minutes to squeeze into the tight silicone tail that includes internal ankle straps. Another challenge is covering the short distance between the dry sand and the water.

“You can’t walk, but one way to get there is crab walking: you lift yourself up, support your weight on your heels and arms and move your butt forward as you inch your way to the water,” Hibbs said.

Hibbs received some curious looks when putting on his tail, but once he transformed into Mermaid Storm several women approached him and took his picture – and Staci Santiago, from Kentucky, jokingly straddled him as he laid in the surf.

Merman Storm will swim home on Thursday, July 26, and you can follow his travels on Facebook.

Follow the charter

Written by Sun staff on . Posted in Editorial, Opinion.

Knowing they were potentially subjecting the city to another lawsuit, four of Bradenton Beach’s five city commission members displayed political courage last week when they stood up to Keep Our Residential Neighborhoods’ (KORN) political action committee members Reed Mapes and John Metz.

Based on legal grounds, the commission rejected four KORN-initiated charter amendments that the city clerk, city attorney, and city engineer deemed legally and/or administratively insufficient, according to the city charter and state law.

Mayor John Chappie and commissioners Ralph Cole, Marilyn Maro and Jake Spooner agreed that the city charter must be followed when attempting to amend it by voter referendum.

Commissioner Randy White felt differently and sided with Mapes and Metz, both of whom are longtime adversaries of the current and recent commission majorities.

Mapes, Metz and their allies hope to impose four new city charter amendments on the city and the commission – including one that would require hiring a full-time city manager who would be given complete control over city staff. This would also require the city’s weak mayor form of government to be completely restructured.

Mapes and Metz view the city charter as a binding document when it supports their political and personal views, yet they refuse to follow the charter when it comes to amending it.

Critics of the commission’s decision will claim the voice of the voters has been silenced, but that’s simply not true. The charter provides easy-to-follow, easy-to-accomplish methods to place citizen-initiated referendums on city ballots. Cole and Spooner made it clear last week that their intent is not to deny city voters the right to make important decisions, but to ensure that charter amendments are made in accordance with the charter.

Sometimes the right thing to do is the hardest thing to do, and last week four elected officials did just that. Knowing they would face severe scrutiny from KORN and its supporters, they did what they believed was best for the city and its citizens.

If Mapes and Metz do file a lawsuit, which they both suggested was possible, there’s always the chance the city could lose. That’s a risk the four commission members are willing to take in defense of the charter that serves as the city’s constitution.

And they do so as we approach the July 4 holiday that celebrates America’s independence and the constitutional structure this country is built on.

KORN Petitions Rejected

Commission rejects KORN initiatives

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

BRADENTON BEACH – Bradenton Beach Commissioners have rejected four charter amendment initiatives pursued by the Keep Our Residential Neighborhoods (KORN) political action committee.

Barring a court order or a new petition initiative done according to the city charter, KORN’s proposed charter amendment questions will not appear on the city ballot this fall.

KORN’s charter initiatives propose a citywide prohibition on multi-level parking garages, hiring a full-time city manager, increasing setback restrictions and prohibiting vacant commission seats from being filled by commission appointment.

The commission based its decision on KORN not following the charter’s referendum procedures and on insufficiencies and concerns cited by City Clerk Terri Sanclemente, City Attorney Ricinda Perry and City Engineer Lynn Burnett.

After nearly two hours of debate on Thursday, June 21, the commission adopted three motions. The first was for the commission to uphold Sanclemente’s decision to reject the proposed amendments according article 4 of the city charter. The second stated KORN’s initiatives do not comply with Florida Statutes 166.031 and 101.161. A third motion directed city staff to defend the city charter and represent the city in any litigation arising from the KORN petitions.

All three motions were approved by 4-1 votes, with Commissioner Randy White in opposition.

As he left city hall, KORN chairman Reed Mapes said, “I’m calling my lawyer.”

As of mid-day Monday, a lawsuit had not been filed.

Petition insufficiencies

On June 4, KORN treasurer John Metz submitted the signed petitions to the clerk’s office with a note citing 88 signatures for the parking garage petition, 87 for the vacancies petition, 83 for the setbacks petition and 76 for the city manager petition.

The referendum requirements in the city charter and state law require verified signatures from at least 10 percent of the registered electors in the preceding general election. According to the Manatee County Supervisor of Elections Office website, Bradenton Beach had 744 registered in November 2017.

“Now you put us in a position where we either don’t follow our city charter or we go to litigation.”
– Jake Spooner, Bradenton Beach Commissioner

On June 11, Sanclemente sent Metz a letter stating KORN didn’t form a five-member petition circulating committee, didn’t use the city’s required forms and didn’t provide accompanying affidavits stating each petition was signed in the presence of a committee member.

“This office has testimony that petitions were mailed to residents and were not signed in the presence of a committee member,” Sanclemente wrote. “Accordingly, your petitions are deemed insufficient pursuant to the city charter.”

KORN was given 10 days to file amended petitions. Sanclemente recapped these insufficiencies for the commission and said Metz refused to accept the petitions mailed back to him.

During that morning’s Charter Review Committee meeting, the city engineer said KORN’s setback amendment could negatively impact stormwater retention. She recommended revising the amendment language or addressing those concerns in city code instead. Perry said the amendment could expose the city to Bert Harris claims.

KORN John Metz
KORN treasurer John Metz tells city commissioners KORN’s charter initiatives were conducted according to state law and not the city charter. – Joe Hendricks | Sun

Commission discussion

“We’re using the same process that was used last year, a state process under 166.031,” Metz told the commission.

He was referencing charter initiatives pursued by the Concerned Neighbors of Bradenton Beach (CNOBB) in 2017. Perry said those voter-adopted charter amendments still contain unresolved conflicts.

“The city is a conduit through which we operate. There’s nothing the city’s to do except to follow statute. I’m here to ask you to send these petitions on. I think there’s enough litigation going on that we don’t need more,” Metz said.

“Did you follow the procedure in our charter?” Cole asked.

“It’s not appropriate,” Metz responded.

“You don’t find it appropriate, but our job is to follow our city charter. Now you put us in a position where we either don’t follow our city charter or we go to litigation. Why didn’t you follow our charter?” Commissioner Jake Spooner said.

“We’re not required to,” Metz said.

Perry said the Elections Office only determines whether enough verified petition signatures were obtained and it’s up to the commission to review referendums for compliance with the charter and state law.

“You were sworn in to uphold this city’s constitution, which is its charter, and state law,” Perry told the commission.

Perry said state law limits ballot summaries to 75 words and ballot titles to 15 words. The ballot summary for the vacancies amendment contains 102 words and the setbacks summary contains 89. According to Perry, all four ballot titles exceed 15 words.

The word “outrageous” appears in the parking garage summary and “cronyism” appears in the vacancies summary. Perry’s June 19 memo to the commission referenced a Florida Supreme Court ruling that says, “The ballot summary should tell the voter the legal effect of the amendment and no more. The political motivation behind a given change must be propounded outside the voting booth.”

Perry said state law no longer allows land-use referendums and Cole noted the charter’s building height restrictions predate the change in state law.

Chappie said the first question to be answered was, “Does the charter apply or not?”

Perry said the charter was created according to state law and works in tandem with Florida statues.

“It’s not specific to KORN. Our charter has to be followed,” Spooner said.

“This is an attempt to stop these KORN initiatives,” White said.

White said the state process provides citizens with another option if they feel they’re not being heard at the local level.

“Had the city been willing to work with us, we’d probably been able to work all those items out. We’ve found that very much impossible,” KORN chair Reed Mapes said regarding last year’s referendum efforts.

“That’s not true. The city was clearly pleading to work with CNOBB to set up a charter review committee to get it done correctly. CNOBB said no,” Chappie responded.

“What is the problem with following a simple procedure?” Cole said of this year’s efforts. “If you would have done that, it would have allowed us to say yes, let’s put it to the voters without breaking our own city charter.”

Related coverage:

Charter Review Committee appointed

Commissioners discuss parking garages, more

Bradenton Beach sewer line smoke tests start Monday

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

BRADENTON BEACH – Manatee County will be smoke testing sewer lines in Bradenton Beach beginning on Monday, June 25 and ending on Wednesday, July 11.

A yellow door hanger bearing the county logo advises those with heart conditions, asthma, emphysema or respiratory conditions to call USSI at 888-645-9570.

“If you know of anyone in the area who is a special needs person or who may suffer a heart, lung or breathing problem, or a shift worker, please notify USSI at the number on this card,” the door hanger says.

On Friday afternoon, calls to the listed number and the three extensions cited on the automated greeting message resulted in no contact with USSI representatives. Calls to Manatee County’s Utilities Department produced similar results.

A call to County Administrator Ed Hunzeker’s office Friday afternoon resulted in the promise of a phone call from a county official on Monday to further explain the smoke testing.

Sewer Smoke Test
Door hangers bearing the county logo provide smoke test details and contact information. – Cindy Lane | Sun

“The smoke used for this test is manufactured for this process. The smoke leaves no residuals or stains and has no effect on plants and animals. Direct contact with the smoke may cause minor respiratory irritation in some people,” the door hanger says.

“Manatee County will be smoke testing sewer lines in the area to improve sewer service. This test, which involves forcing smoke through the sanitary sewer lines, will check for leaks, breaks, and defects in the system. The smoke is odorless, creates no fire hazard and should not enter homes or businesses unless you have defective plumbing or dried-up sink traps or floor drains,” the door hanger says.

“Crews will be in uniform for easy recognition. Homeowners do not need to be present; workers will not enter homes or disturb properties. Prior to testing, please pour two gallons of water in the seldom-used sinks or floor drains to prevent sewer gases, smoke or odor from entering the premises. If smoke does enter the home during testing, immediately leave from the building, notify the crews that are conducting the test or call Manatee County Customer Service (941-792-8811). If smoke enters the home, it is an indication of a plumbing defect, notify a plumber. Crews can assist in the location of defects on private property, however, the corrections of any defects are the responsibilities of the property owner,” the door hanger says.

“Smoke coming from the vent stacks on houses is normal. However, smoke coming from holes in the ground is not normal and is considered a defect. All defects will be photographed and logged. Manatee County will contact property owners if a defect is located on private property,” the door hanger says.

“The smoke test will be performed weekdays, weather permitting, between 8 a.m. and 4 p.m. The smoke test should only affect the house for approximately 15 minutes. For additional information please contact 888-645-9579,” the door hanger says.

Sunshine Depositions

Sunshine lawsuit depositions continue

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

BRADENTON BEACH – Former Planning and Zoning Board member Patty Shay is now the third Sunshine lawsuit defendant deposed by attorney Robert Watrous.

Shay was deposed Tuesday, June 5, at a court reporting office in Bradenton.

First Place
First Amendment Defense
Jon A. Roosenraad Award
2019
Shay Deposition
Lawsuit defendant Patty Shay was deposed by attorney Robert Watrous on June 5. – Joe Hendricks | Sun

Assisted by paralegal Michael Barfield, Watrous represents the city of Bradenton Beach and resident Jack Clarke as co-plaintiffs in a lawsuit filed last August. The lawsuit alleges four planning board members and two Scenic WAVES Committee members violated the Florida Sunshine Law by discussing past and potential board and committee business at Concerned Neighbors of Bradenton Beach (CNOBB) meetings and in private emails.

Watrous referenced the Sunshine Law training required of all Bradenton Beach commission, committee and board members. He asked Shay if she referred to that training regarding CNOBB discussion topics. She said she did not.

Watrous reviewed in detail the April 12 and April 19 Planning and Zoning Board meetings that included the board’s review of an updated Community Redevelopment Agency (CRA) plan that referenced the possibility of a CRA-funded parking garage.

Watrous used meeting transcripts, agendas and other documents to establish that Shay participated in discussions about a parking garage in her official capacity as a board member.

“If a parking garage was to be built, the proposal would have to come before the P&Z, correct?” Watrous said.

“That is correct, but remember we were an advisory board. We did not make decisions,” Shay said of her planning board duties.

As part of the Sunshine Law, Florida Statute 286.011 says, “Any public officer who violates any provision of this section is guilty of a noncriminal infraction.”

The definition of a public officer in Florida Statute 112.313 includes “any person serving on an advisory body.”

“I don’t need people seeking to coach the witness.”
Robert Watrous, Attorney

At one point, Watrous said it was brought to his attention that some in the room, including at least one co-defendant, were nodding their heads yes or no in response to his questions. Watrous and Barfield said they heard some in the room saying yes or no in response to Watrous’ questions. Watrous said he would bring these concerns to the judge if the behavior continued.

“I don’t need people seeking to coach the witness,” he said.

“I am under oath and no one has done anything to suggest that I answer in a certain way,” Shay said.

Vincent email

Watrous produced a copy of a June 14 email co-defendant Bill Vincent sent Shay, Reed Mapes and John Metz when they were all planning board members. The email pertained to CNOBB’s upcoming inaugural meeting. It was obtained from Shay in response to a records request Barfield made.

Watrous noted Vincent, Metz and Mapes did not include that email in their records request responses.

“I would not know why they would not have done that,” Shay said.

Vincent’s email said, “There is no intent whatsoever to violate Sunshine Laws. In my opening comments it will be made clear that no discussion or conversation on the comp plan, LDC (land development code) or charter or pending issues will be permitted.”

During a July 25 CNOBB meeting that was recorded and posted at the group’s website, then-planning board member Mapes proposed a citywide prohibition on parking garages. The recording is referenced in the lawsuit complaint that seeks a judge’s ruling on whether Sunshine violations occurred.

“When issues discussed in the April 12 and April 19 P&Z meetings did start being discussed at a CNOBB meeting, didn’t that alert you to the fact that you should say something or do something because this was a Sunshine Law violation?” he said.

“I did not consider it a violation of Sunshine Law,” Shay said.

“No budget, no date and the fact that it was not in agreement with the comprehensive plan. I didn’t see it as something that would be in the foreseeable future,” Shay said regarding the potential construction of a parking garage.

Shay’s statement about parking garages not being in agreement with the comp plan is contrasted by current comp plan language that allows parking garages in some land use categories.

Last month, the Planning and Zoning Board reviewed two City Commission-requested ordinances that would amend the comp plan and the LDC and prohibit parking garages citywide.

Deposition Reed Mapes

Mapes and Martin deposed in Sunshine lawsuit

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

BRADENTON BEACH – Sunshine Law lawsuit defendants Reed Mapes and Tjet Martin have been deposed by attorney Robert Watrous.

Defendant Patty Shay is scheduled for deposition this week. Defendants Bill and Rose Vincent were scheduled for depositions on Monday, June 4, but they were postponed in part due to Bill Vincent being legally blind and requiring special equipment and computer software to assist him when reading evidentiary exhibits presented to him. Defendant John Metz’s May 23 deposition was previously postponed.

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Watrous deposed Mapes on Wednesday, May 30, and Martin on Friday, June 1. They were given under oath with a court reporter transcribing what was said. The depositions took place at the Vincent M. Lucente & Associates office in Bradenton.

Watrous represents the city of Bradenton Beach and co-plaintiff Jack Clarke in the civil lawsuit filed against the defendants in August. Paralegal Michael Barfield is assisting Watrous.

Mapes was represented by attorney Jim Dye and Metz brought attorney Tom Shults, even though he wasn’t being deposed. Martin represented herself, but Dye and another Metz attorney, Jodi Ruberg, provided occasional assistance.

All six defendants attended Mapes’s deposition and all but Shay attended Martin’s deposition. Martin’s significant other, Bill Shearon, attended both depositions. Clarke attended the morning sessions of both depositions.

The defendants are accused of violating the Florida Sunshine Law by discussing city matters that could have foreseeably come before them in their official capacities as city advisory board members. The alleged violations pertain to Concerned Neighbors of Bradenton Beach (CNOBB) meetings and email exchanges between members who at the time served together on the Planning and Zoning Board or the Scenic WAVES Committee.

Some of those discussions and email exchanges referenced parking garage prohibitions, the Community Redevelopment Agency (CRA) plan, the comprehensive plan and future land use maps.

The six defendants helped form CNOBB while serving as appointed city board members. They resigned from their city positions last summer and CNOBB was disbanded last fall.

Mapes deposition

When Mapes’ deposition began, Shults and Dye objected to the presence of two newspaper reporters but didn’t demand their removal.

Mapes served on the Planning Board for about a year and he acknowledged receiving mandatory Sunshine Law training that included attendance at a seminar conducted by County Attorney Mickey Palmer.

Watrous posed several questions regarding communications between planning board members and the overlap between CRA and planning board matters.

He also asked several questions about CNOBB’s formation and intent. Mapes said the intent was to educate citizens on city issues. CNOBB pursued three charter amendment initiatives and later registered as a political action committee.

During a July 25 CNOBB meeting, Mapes suggested a charter amendment that prohibited parking garages citywide. A recording of that meeting was played during his deposition.

Watrous referenced a June 12 email Mapes sent to Bill Vincent regarding Metz’s concerns about Sunshine Law compliance and a June 13 email Mapes sent to Vincent about the creation of a CNOBB website that could be public, semi-public or private.

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

When asked if he discussed Sunshine Law concerns with Metz in person, Mapes said he presumed he did, but couldn’t recall.

Watrous noted that Vincent received an opinion from the Florida Commission on Ethics that advised CNOBB to consult an attorney if they had concerns about their meetings being Sunshine Law compliant.

Watrous cited email exchanges Mapes had with his attorney Bob Hendrickson about CNOBB matters and asked if he ever sought Hendrickson’s advice on Sunshine compliance. Mapes said he did not.

“I pushed for the parking garage. It might have been on my street and I didn’t want a parking garage,” Mapes said, noting the parking garage prohibition was not pursued by CNOBB.

“Our first meeting, which was back in June, we discussed dropping it. I kept bringing it up,” Mapes said regarding parking garages.

He said he did not feel the parking garage discussions violated the Sunshine Law.

“Why not make the effort and be more certain?” Watrous asked.

“Sometimes we decide what we want, the way we want it,” Mapes said.

“Did it occur to you what CNOBB was doing was negotiating in back room deals?” Watrous said at one point.

“Not at all,” Mapes responded.

Martin deposition

Martin formerly chaired the Scenic WAVES Committee that advises the City Commission and CRA on landscaping and beautification projects. Several questions pertained to projects discussed and/or pursued by the CRA, the Capital Improvement Projects (CIP) Committee or the City Commission.

These included the Bridge Street planters and plants, benches, park signs, trolley stops, Chickee huts and more. Watrous noted all these items had been or could foreseeably need to be reviewed by Scenic WAVES.

Martin said she did not feel the CNOBB discussions violated the Sunshine Law and she acknowledged participation in several Sunshine Law training sessions.

Near the end of her deposition, Martin was asked if she discussed the Sunshine lawsuit with Metz, a former attorney. Martin claimed she didn’t have to answer that question and Watrous told her she did.

She said she would “rant” to Metz, but he didn’t say much in response that she could recall.

“Normally, he sat and listened to me,” she said.

Martin said her lawsuit conversations with Bill Vincent were of a more technical nature pertaining to emails requested from her as part of the lawsuit.

When Watrous asked Martin if she discussed the lawsuit with anybody, Martin said, “Mr. Shearon.”

“And what have you two discussed?” Watrous asked.

Martin tried to hold back her tears as she said, “Just my disappointment with the city. My disappointment in how they treated us.”

Through her tears she said she dedicated a lot of her time to the city and then she got up and left the conference room. She returned a short time later and answered the few remaining questions Watrous had.

Manatee County concession fund

County commissioners approve concession fund request

Written by SUN contributor on . Posted in Community News, Manatee County.

MANATEE COUNTY – An influx of monies from the excess concession fund is making its way to the three Island cities and The Center of Anna Maria Island.

In a unanimous vote, Manatee County commissioners agreed to release the requested funds. Totaling $1,023,520, the request included $400,590 for bicycle safety improvements and $64,930 for pedestrian safety improvements in Bradenton Beach and Holmes Beach, $25,000 for Holmes Beach Dog Park improvements, $35,000 for a kayak launch at Grassy Point Preserve, and $40,000 for Holmes Beach Skate Park improvements. All of those projects are listed at a 50 percent match for the Island cities. The request also included $25,000 for bicycle racks in Holmes Beach, $333,000 toward the Anna Maria City Pier rebuild, and $100,000 for capital improvements at The Center of Anna Maria Island.

The excess concession fund, managed by county commissioners, was established to hold funds received from the beach concessions at Manatee Beach and Coquina Beach for use for one-time projects benefitting the Island community. For any of the three cities to receive funds, the governments of all three Island cities must agree and present the request as a unit. The recently-approved list represents several months of work on the part of the Island cities’ leadership.

“This is a big step for Anna Maria Island, getting everyone to agree,” Manatee County Commissioner Carol Whitmore said. She congratulated the three Island governments on working together to agree on the list of projects and present the county leadership with a plan.

County Commissioner Betsy Benac said she appreciates the focus on safety with many of the approved projects. “I’m glad that you were able to work it out,” she said.

County Commissioner Stephen Jonsson also congratulated the Island government representatives on being able to come together to use funds that he said weren’t benefitting anyone, just accumulating. “It’s really refreshing to see you all work together.”

“We are very pleased with the outcome of the concession fund request,” Anna Maria Mayor Dan Murphy said. “We’re getting closer to achieving our goal of $4.5 million for our pier.”

During the May 22 county meeting, Murphy broke down the estimated total cost for the City Pier rebuild, which he said was “just about the amount of the city’s annual budget.” With $1.5 million pledged from Manatee County Tourist Development Council funds, $750,000 coming from state funds, and $500,000 pledged from Anna Maria city funds, that leaves $1.75 million for Murphy to come up with. In addition to the $333,000 from the county, he said he hopes more funds can be accumulated for the project from donations, FEMA and potentially the state historic board. “I don’t know how that’s going to come out,” Murphy said.

After the meeting, Bradenton Beach Mayor John Chappie also praised the county commissioners for their support and the Island city leaders for their work.

“You can’t go without saying that former Mayor Bill Shearon was part of the cities working together,” Chappie said. “It’s a great program that was developed by the county and it’s going for good causes, including pedestrian and public safety. It’s a boost for the community center as well.”

At a Holmes Beach commission meeting also on May 22, Mayor Bob Johnson shared the good news with commissioners.

“I have good news and it comes by way of the county,” he said. “It’s a good example of things coming together the way they’re supposed to. It’s there, we’ve got it, and the total runs about $1 million across the Island.”

Johnson also thanked county commissioners for their quick consideration of funding the projects list and their support of the Island communities.

County commissioners also can designate the funds for other purposes, which was demonstrated when they also voted unanimously to grant the Center up to $25,000 for a transit vehicle in a separate request by the Island nonprofit for assistance in purchasing an additional vehicle for student and senior transportation. Center board Chair David Zaccagnino said he was surprised by the county commissioners’ choice to award the monies from the concession fund but he’s pleased by their support of the Island nonprofit, which has struggled in recent years to receive large amounts of government support.

“We’re extremely grateful and extremely happy,” Zaccagnino said after the county meeting. He also thanked the county and Island city governments for coming together to support the Center using the “beer and pancake money” from the concession fund.

“A couple of months’ work is finally coming together,” Center Executive Director Chris Culhane said.

Bradenton Beach dock delays

Day dock project pushed back again

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

BRADENTON BEACH – City officials expect Technomarine to miss its July 4 deadline to install a new floating dock next to the Bridge Street Pier.

On April 5, Technomarine President Jat Talton sent Pier Team facilitator Sam Speciale an email that said, “Technomarine’s plan is to have the day dock open prior to this Fourth of July weekend.”

The revised project schedule called for Technomarine to obtain city-issued building permits by May 11 and complete the project by June 29.

After the permitting deadline was missed, the Bradenton Beach Community Redevelopment Agency (CRA) convened on Monday, May 21 to discuss the CRA-funded project. CRA member John Horne was authorized to hand-deliver a letter to Technomarine’s North Palm Beach office.

Written by Horne and reviewed by City Attorney Ricinda Perry, the letter expressed a lack of confidence in Technomarine’s ability to meet its June 29 deadline, noted that a previous letter from CRA chair Ralph Cole went unanswered and acknowledged Horne’s dual interests as president of the Anna Maria Oyster Bar that leases pier-based restaurant space from the city.

“You, the CRA, local businesses and the city have every right to be both frustrated and disappointed with the lack of communication and our missed dates.” Ryan Miller, Technomarine Chief Operating Officer

On Thursday, May 24, Horne met with Technomarine Chief Operating Officer Ryan Miller and attorney Roger Stanton.

Horne received an email from Miller the following morning that said, “Attached you will find what will be the final, worst case, schedule. Our intention is to see this project through to its completion and deliver a docking system for the use of your residents and tourists by September 12.

“You, the CRA, local businesses and the city have every right to be both frustrated and disappointed with the lack of communication and our missed dates. Technomarine USA experienced a series of inexcusable delays in manufacturing which have now finally been resolved,” Miller’s email said.

Talton sent Speciale a similarly-worded email.

When contacted Monday, Horne said, “They hired Ryan Miller and he’s digging them out of a hole they got into. They’ve got two projects – one in Leesburg and ours – that are way behind. We actually have a mutual acquaintance who speaks very highly of Ryan and his ability to get things done. I feel a lot better.”

Technomarine office
CRA member John Horne paid a visit to Technomarine’s North Palm Beach office last week. – Sam Speciale | Submitted

CRA discussion

Last week, Cole asked the CRA members what they wanted to do if Technomarine missed its June 29 deadline.

“Are they in default of their contract?” Horne asked.

“Yes, they’re in breach because their delivery date was set forth in the contract which stated it had to be completed within six months from the date of full execution. However, given that the city has been attempting to work with Technomarine and has not objected to the extended deadlines, I think the city would be hard-pressed to state they are in full breach. To seek any kind of damages would be a challenge,” Perry said.

The CRA entered into its contract with Technomarine in April 2017 and has paid the company $53,990 of the $119,980 contract price. Per its agreement to provide matching funds, Manatee County has reimbursed the CRA for 50 percent of the amount paid.

“How’s this affect our agreement with the county if we were to pull the plug on this? Does the county come back and say we want that $27,000 back?” CRA member Jake Spooner asked.

“I believe they would have the right to request that,” Perry said.

“What do you think the chances are of us getting the $54,000 back,” Spooner asked.

“It never seems to work out that way,” Perry said.

Speciale read aloud a story from the Belle Glade Sun about the city of Pahokee’s decision to cancel a design/build contract with Technomarine due to delays encountered with the renovation of that city’s marina and campground.

During the April 24 Pahokee City Commission meeting, which is available online, City Attorney Gary Brandenburg was directed to relay the commission’s request that Technomarine refund within two weeks $125,000 of the $150,000 paid to the company.

“They have not agreed to repay the $$. I will be filing a lawsuit for the return of the $$ next week,” Brandenburg wrote in his May 26 email response to a Sun inquiry.

Horne said he and Miller discussed the Pahokee contract and Miller didn’t place much blame on Technomarine.

CRA chair Ralph Cole and CRA member John Horne reviewed the Technomarine contract during last week’s CRA meeting. – Joe Hendricks | Sun
Bradenton Beach Charter Review Committee

Charter Review Committee appointed

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

BRADENTON BEACH – The City Commission has appointed a five-member Charter Review Committee that is expected to begin reviewing the city charter in early June.

The new committee consists of Mary Bell, a retired Caterpillar executive; Anne Leister, sales director for Coventry Health Care; Randy Milton, a retired Manatee County government employee; Debra Cox, self-employed; and Dan Morhaus, an executive.

Mayor John Chappie did not nominate for consideration a sixth applicant – former Planning and Zoning Board member John Metz.

“Mr. Metz is part of some litigation at this time, so I would not be comfortable with that,” Chappie said.

The six applications were presented to commissioners sight unseen during their May 17 meeting. Commissioner Randy White opposed the appointments of Leister and Cox. Bell, Milton, and Morhaus were appointed unanimously.

“I just don’t know who these people are. This is the first time I’ve seen their names. I’m looking at the occupations,” White said.

Commissioner Jake Spooner later asked White why he opposed Leister’s appointment.

White said Bell seemed clearly qualified, but he was less clear about some of the others.

The commission appointed Bell to serve as acting chair by a 5-0 vote and Leister to serve as acting vice-chair by a 4-1 vote. When the committee first convenes, its members will elect a chair and vice-chair. White also opposed the city resolution that establishes the Charter Review Committee and its duties and responsibilities.

Committee members are subject to the Florida Sunshine Law and cannot discuss the charter review outside of a publicly noticed meeting. Their meetings will be open to the public, and public input will be accepted.

The committee will conduct an extensive review of the city charter that determines how the city government is structured and governed.

The committee also will be asked to clean up inconsistencies contained in three charter amendments adopted by city voters last year. The committee will seek to better define the term “resident” as it applies to city commissioners and commission candidates.

The committee will likely review, but not alter, four new charter amendments proposed by the Keep Our Residential Neighborhoods (KORN) political action committee. It’s possible the committee may propose charter amendment questions of its own that address the same issues as the KORN amendments.

Spooner asked what would happen if the city and KORN place conflicting charter amendment questions on the fall ballot and both are approved by city voters.

“If they directly contradict each other, then neither would technically prevail,” City Attorney Ricinda Perry said. “The City Commission would make that decision, and then if there’s a party that is disgruntled by that, they can take that to the judge and try to get the judge to enforce the conflicting provisions, but where there is a direct conflict the law would not stand.”

Perry needs the committee’s final report by July 18. The City Commission will review the final report and decide which committee-recommended charter amendment questions are placed on the November ballot.

Bradenton Beach roundabout

LBK mayor wants Bradenton Beach roundabout gone

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

HOLMES BEACH – The Coalition of Barrier Islands Elected Officials meeting is a time for the mayors of the four neighboring Island cities to get together to discuss common issues. Sometimes those discussions don’t go quite the way they planned.

While discussing the options that Longboat Key city leaders are considering to help improve vehicular traffic and keep pedestrians safe from drivers, Mayor George Spoll said he’d like Bradenton Beach city leaders to remove the roundabout at Bridge Street, which he believes causes traffic jams for drivers traveling north through his city.

“It’s an abomination,” Spoll said of the roundabout.

Bradenton Beach Mayor John Chappie said the roundabout needs to stay in place to help keep pedestrians and motorists safe in his city. He said the roundabout, with its yield signs and four crosswalks, helps to separate pedestrians from motorists, preventing accidents.

“We matter, too, in Bradenton Beach and on Anna Maria Island,” Chappie said. “It’s not just about Longboat Key.”

Chappie added that, as far as he’s concerned, Bradenton Beach city leaders wouldn’t entertain restructuring the intersection with Gulf Drive solely in an attempt to alleviate traffic on Longboat Key.

Spoll said he’d like to push to have the intersection restructured.

Chappie added that he wants his city to be a good neighbor to the one to the south, however, there is more to consider concerning safety at the congested intersection before potential traffic slowdowns are addressed.

“I don’t want to start a conversation by throwing down the gauntlet,” Chappie said.

He took a summary of the conversation with Spoll at the BIEO meeting to a Bradenton Beach commission meeting. Commissioners thanked Chappie for the information but did not discuss the matter further.

Sunshine reaction

Sunshine press conference reactions differ

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

Updated May 26, 2018

BRADENTON BEACH – City residents Jim Hassett and Jack Clarke hold differing views on statements made during the Thursday, May 17 Sunshine Law lawsuit press conference.

After paralegal Michael Barfield concluded his remarks inside city hall, Hassett said, “Anybody wanna hear what some of the citizens think?”

Hassett was a member of the now-disbanded Concerned Neighbors of Bradenton Beach neighborhood group at the center of the lawsuit, but he is not named in the lawsuit.

“I firmly believe the city, the council and the mayor could’ve looked at this entirely different.”
Jim Hassett, Bradenton Beach resident

Standing outside city hall, Hassett acknowledged he’d only heard the tail end of the press conference and that he was friends with some of the defendants.

“I truly believe the mayor and council have very strong feelings about the Sunshine Law and I kind of agree there’s reasons to have the Sunshine Law. However, my feelings are the interpretation of the Sunshine Law in this scenario could easily have been handled a lot quicker, a lot sooner and a lot cheaper than what we’re putting some everyday citizens of Bradenton Beach through,” he said.

“Yes, they did take a Sunshine Law class, but it appears in doing so they put themselves in harm’s way. They did do some things that might have crossed a line – some of them with more personal knowledge of doing so than others, and some with no intent whatsoever to do anything bad for the city,” Hassett said.

“I firmly believe the city, the council and the mayor could’ve looked at this entirely different. I think the city could’ve said, ‘Look folks you messed up and these are some of the things we can do right away,’ ” Hassett said, citing board member resignations as one quick cure.

Planning and Zoning Board members Bill Vincent, Reed Mapes and Patty Shay tendered their written resignations on Aug. 4 – before the City Commission, on Aug. 7, voted 4-1 in favor of pursuing legal action. Metz, Martin and Rose Vincent resigned after the lawsuit was filed.

“I’ve been naïve and perhaps misguided in thinking that grown adults, knowing about the Sunshine Law, could voluntarily and effectively stay away from it,” Vincent said when informing the commission of his intent to resign, which he did the following day.

Barfield referenced Vincent’s remarks during the press conference and he said none of the defendants has formally admitted to committing Sunshine Law violations.

“We have been reasonable and measured in reaching out to the defendants in an effort to gain their cooperation,” Barfield said.

“What they did was wrong. It’s against the law.”
Jack Clarke, Bradenton Beach resident

Rejected settlement offer

Later in the week, Hassett said he was not aware of the settlement offer proposed in September.

Representing five of the six defendants at the time – Reed Mapes, Tjet Martin, Patty Shay and Bill and Rose Vincent – attorney Jim Dye sent attorney Robert Watrous a letter on Sept. 5 stating that each defendant was willing to pay the city a $100 settlement, with no admission of wrongdoing.

“There will not be an admission or denial of liability of fault,” Dye’s letter said.

“My clients categorically reject your settlement offer,” Watrous wrote in his Sept. 22 response on behalf of the city, noting there wouldn’t be a counteroffer.

Clarke’s take

Clarke, a former Bradenton Beach mayor, also addressed the media. He and the city are co-plaintiffs in the lawsuit.

“What they did was wrong. It’s against the law. The law is not that complicated, but it does define the Sunshine Law violations as not only meeting in a room or in a group, but any type of communication up to and including email,” Clarke said.

“I don’t know a way it could be handled differently. A violation is a violation. When the city embarked upon this lawsuit the city itself was open to a lawsuit. If the city took no action in this case then they would be subject to a lawsuit from outside. Somebody could say the city did not exercise proper oversight and the opportunity to cure this would not have presented itself. I think Mr. Barfield and the city attorney and the mayor did a terrific job of laying this out for you folks,” Clarke said.

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