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.
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.
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.
BRADENTON BEACH – Paralegal Michael Barfield says Sunshine Law violations that former city board members are accused of committing were not innocent mistakes made by uninformed volunteers.
He also accused the now-defunct Concerned Neighbors of Bradenton Beach (CNOBB) group of operating as a “shadow government.”
Accompanied by Mayor John Chappie and City Attorney Ricinda Perry, Barfield held a press conference that directly preceded the City Commission’s Thursday, May 17 meeting. Barfield, a Sunshine law expert from Sarasota, is assisting attorneys Robert Watrous and Perry in the case.
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“Anything less than government in the sunshine is just not acceptable and that’s why we’re here today,” Chappie said.
“We don’t view these violations as an accident or technical. They were serious, substantive violations,” Barfield said.
He later noted past Sunshine violations cost Venice taxpayers $1.6 million and recent violations cost Martin County taxpayers more than $12 million.
Enacted in 1995, the Florida Sunshine Law requires local governments and advisory boards to conduct business in properly noticed public meetings, with all related documents and correspondence made available to the public.
The lawsuit filed last August by the city and resident Jack Clarke names as defendants former Planning and Zoning Board members John Metz, Reed Mapes, Patty Shay and Bill Vincent and former Scenic WAVES Committee members Tjet Martin and Rose Vincent. The lawsuit alleges they violated the Sunshine Law by discussing past and potential board and committee business during CNOBB meetings and in private emails.
Lawsuit update
While providing an update on the lawsuit, Barfield referenced “the efforts the city has undertaken to bring transparency and sunshine to the acts of the few who have attempted to hijack city government.”
“Last year, several members of advisory boards planned the creation of a shadow form of government called CNOBB under the guise of an association. Much of the business they were doing mirrored what you would expect your local government to be doing, including discussions about parking garages and the Community Redevelopment Agency.
“The reason the Sunshine Law exists is to ensure transparency and the avoidance of backroom deals. Our goal was to find out what happened, bring awareness to the public of those violations, cure them and send a clear message that no one is above the law,” Barfield said.
“In our view, Mr. Metz is clearly the ringleader of this group. He’s a retired, wealthy attorney from California and he’s sued the city multiple times over the past few years. He is yet to prevail in any legal action against the city. The only thing Mr. Metz has done successful is deplete the treasury. By our calculations, Mr. Metz has cost the citizens of Bradenton Beach more than $150,000 through his legal actions against the city,” Barfield said.
The Sunshine suit has cost the city more than $56,000 so far. If the city prevails, the court will be asked to order the defendants to reimburse a portion of the city’s legal expenses.
Questionable intent?
“An email John Metz wrote on June 24 best summarizes the intent of these folks to operate in the shadows to change the form of government,” Barfield said. “In that email, Mr. Metz noted, ‘Changing the form of government would be better, but that will take too much time.’ Mr. Metz advocated for granting strong powers to the former mayor (Bill Shearon) and said that would ‘allow us to get rid of the lawyer (Perry) and then change the form of government.’
“There’s also an email exchange on July 21 between Reed Mapes and Tjet Martin that illustrates the intent of these individuals: ‘You are evil. It will be fun to see the panic when some begin to read what we’ve planned,’ ” Barfield said, quoting Mapes’ email to Martin.
The emails referenced CNOBB’s efforts to place three charter amendment questions on the November 2017 ballot. According to the Sunshine Law, discussing the city’s form of government is not a Sunshine violation, because that’s not something advisory boards would review. Discussions and emails about parking garages and the CRA constitute the alleged Sunshine violations.
“Other email exchanges we’ve discovered show that this is not a case where volunteer citizens stumbled upon a Sunshine violation innocently,” Barfield said.
He noted all the defendants previously received mandatory Sunshine Law training.
Sunshine lawsuit defendant Reed Mapes listens in on Thursday’s press conference. – Joe Hendricks | Sun
Barfield referenced a June 12 email Mapes sent to Vincent regarding Metz’s concerns about Sunshine issues. He also referenced a July letter Vincent sent to the Florida Commission on Ethics asking if CNOBB was subject to Sunshine Law compliance.
“The Ethics Commission wrote back and said you need to consult with an attorney. They also called upon the Attorney General’s Office in Tallahassee and were told to check with their city attorney. Did they do that? No,” Barfield said.
“Mr. Metz seeks to have the Sunshine Law removed from the books to justify, after the fact, his conduct,” Barfield said of the motion Metz’s attorney filed challenging the state law’s constitutionality.
He also referenced the recent hearing in which Circuit Court Judge Lon Arend ruled against the defense’s requests to sequester witnesses and deposition transcripts. Defendant depositions begin May 23 and the city seeks a trial in late summer or early fall.
After the press conference, Barfield made a similar presentation to city commissioners.
Can you name your city commissioners? Have you made the effort to speak in person to any of them?
Many of your elected officials are open to your ideas and thoughts, many less so. This is not exclusive to Bradenton Beach or our other Island cities, but as famous congressman Tip O’ Neill once said, “All politics is local.”
I am a resident and recovering politician in Bradenton Beach. It was my honor and privilege to serve as commissioner, vice mayor and, briefly, as the mayor of the city.
Island politics are tumultuous at best. But for a person who really wants to make a difference – that over-used phrase – 2018 is the year. There is little reward for the many hours of hard work commissioners do, except for the feeling of accomplishment and the satisfaction of service to community and neighbors.
City commissioners make many decisions that impact daily life Bradenton Beach, including how torn up driveways will look after the county’s force main project is completed, how your tax dollars are used and which projects will be pursued using those funds.
I’m not flying any flag, supporting any candidate or asking for your vote. I’m only asking that you vote, know the issues and consider placing your own name on the ballot. With the recent elimination of ward boundaries, you are eligible to run for a commission seat regardless of where you live in the city, as long as you’ve been a city resident for at least one year. Details on how to qualify as a commission candidate are available at the three city clerks’ offices or at the Supervisor of Elections Office website, www.votemanatee.com.
If you stay on the sidelines, your voice will not be heard.
Bradenton Beach resident Jack Clarke served as vice mayor and mayor of Bradenton Beach from 2013-2015.
ANNA MARIA ISLAND – Are you considering running for a city commission seat? If so, the qualifying periods for city commission and mayoral candidates on Anna Maria Island will take place in June.
Candidacy may be announced at any time before or during the qualifying period. Candidates must first appoint a campaign treasurer and designate a campaign bank account before any contributions are accepted or expenditures are made. Candidates can serve as their own campaign treasurers.
Candidates must file a Statement of Candidate form within 10 days of appointing a treasurer and opening a campaign account.
Forms and additional information for Anna Maria and Bradenton Beach candidates can be found at the Manatee County Supervisor of Elections Office website or in person at 600 301 Blvd. W., Suite 108, in Bradenton.
Holmes Beach candidates must obtain their qualifying forms through the city clerk’s office.
Anna Maria
The two-week qualifying period in Anna Maria will start at noon on Monday, June 11, and end at noon on Friday, June 22. Qualifying paperwork may be picked up at the Anna Maria clerk’s office and must be filed with the Supervisor of Elections Office.
Anna Maria candidates must be U.S. citizens, registered to vote in Manatee County and residents of Anna Maria for two years prior to qualifying.
The qualifying fee is $48 for City Commission candidates and $196 for mayoral candidates. Candidates can avoid the qualifying fee by filing an “Undue Burden” oath and securing the petition signatures of 10 registered city voters.
In the fall elections, there will be three election positions up for grabs: the mayor’s seat currently held by Dan Murphy and the commission seats currently held by Amy Tripp and Brian Seymour. The mayor and commissioners serve two-year terms. The mayor receives an annual salary of $19,600 and commissioners receive $4,800.
Bradenton Beach
The one-week qualifying period in Bradenton Beach will begin at noon on Monday, June 18, and end at noon on Friday, June 22. Qualifying paperwork may be picked up at the Bradenton Beach clerk’s office and must be filed with the Supervisor of Elections Office.
Candidates must be U.S. citizens, registered to voter in Manatee County and residents of Bradenton Beach for at least 12 months prior to qualifying.
As the result of charter amendments adopted by Bradenton Beach voters in November, commission wards have been eliminated and the two citywide candidates who receive the most votes will claim the two seats open this fall. Those seats are currently held by Marilyn Maro and Ralph Cole.
According to recent charter amendments, commission candidates no longer need to be registered city voters. The qualifying fee for commission seats is $48. No petition signatures are required in Bradenton Beach.
City commissioners serve two-year terms and earn $400 a month.
Holmes Beach
In Holmes Beach, City Clerk Stacey Johnston serves as the qualifying official and candidates qualify at city hall. The qualifying period there will be noon on Monday, June 18, until noon on Friday, June 22.
Candidates must be U.S. citizens, registered Manatee County voters and residents of Holmes Beach for two years prior to qualifying.
The qualifying fee is $60 for commission candidates and $240 or mayoral candidates. All candidates must secure the petition signatures of 15 registered city voters and file an affidavit of residency.
Candidates can avoid the qualifying fee by filing the “Undue Burden” oath and securing the petition signatures of 15 registered city voters.
The mayor and commissioners serve two-year terms. The mayor earns $24,000 a year and commissioners make $6,000 a year.
There also will be five elected positions for Charter Review Commission members. The qualifications are the same, but candidates do not have to pay the qualifying fee.
BRADENTON BEACH – Police have tagged four abandoned boats as part of the increased enforcement efforts taking place in the unmanaged anchorage near the historic Bridge Street Pier.
On Tuesday, May 8, Officer Eric Hill piloted the police boat into the navigable waters that provide anchorage for approximately 40 vessels. Lt. John Cosby then affixed to four vessels the bright orange stickers that serve as official notice that the city intends to have the abandoned vessel removed.
Officer Eric Hill piloted the police boat and Lt. John Cosby tagged the boats deemed to be abandoned. – Joe Hendricks | Sun
The stickers declare the abandoned vessels to be unlawfully located in city waters and order them removed within five days. The stickers note the boats have been identified by a law enforcement officer as being lost or abandoned property according to state law.
“Otherwise, it will be removed and disposed pursuant to Chapter 705, Florida Statutes,” the notice says.
This sunken boat south of the Bridge Street Pier has been designated for future removal. – Joe Hendricks | Sun
Two of the tagged boats were sailboats and two were cabin cruisers. Cosby said a third sailboat that was going to be tagged was recently sold and the new owner must be given 30 days to register the vessel.
The stickers inform the boat owners that they have 21 days to appeal the violation or violations to a special master. Cosby said the owners would be given the allotted period to file an appeal before any vessels are removed.
The last known registered owner of each vessel tagged was sent a certified letter informing them of the city’s intentions. One of the vessels tagged was the cabin cruiser that belonged to former liveaboard boater Brandon Nieuwkoop, who drowned in the anchorage waters on March 31.
Cosby said the vessels were deemed abandoned according to previous enforcement efforts and research conducted by Hill. Cosby said there are three conditions that render a vessel derelict: no power, either by motor or sail; no working steering mechanism; and hull intrusion that compromises the integrity of the vessel’s ability to stay afloat.
When derelict and abandoned vessels are removed and destroyed, an outside contractor does the work and the city pays the contractor using grant money provided by the West Coast Inland Navigation District (WCIND). Cosby said on average it costs between $2,500 and $5,000 to have a boat removed, depending on whether it’s already sunk. One of the motorboats tagged has already sunk; its hull is resting on the bottom.
Tagged for pending removal, this boat formerly belonged to liveaboard boater Brandon Nieuwkoop, who drowned in late March. – Joe Hendricks | Sun
Cosby estimated that three-quarters of the boats out there are in good shape and are compliant with city and state laws and regulations.
“We’ve tried to educate them. All we want you to do is be compliant and you’ll never hear from us,” he said. “We have a lot of boaters out here that are compliant and they do not want these bad boaters out here either.”
The police boat currently must be transported by trailer down to the Coquina boat ramps to be placed in the water. This will change when a new boat lift for the police boat is installed alongside the pier. This is expected to happen later this year using previously approved WCIND grant money.
“We can then drop the boat in the water and make a quick run out,” Cosby said, noting the city has three officers qualified to make marine patrols.
BRADENTON – 12th Judicial Circuit Court Judge Lon Arend has rejected defendant John Metz’s request to sequester non-party witnesses in a Sunshine Law lawsuit.
“I don’t find that I have the authority to sequester the witnesses, so I deny the motion,” Arend said, as the 40-minute hearing concluded on Wednesday, May 9. Arend also denied the defense’s last-minute, verbal request to sequester the transcripts of depositions given by non-party witnesses.
During depositions, defendants, plaintiffs and witnesses give individual testimony under oath in a non-courtroom setting with a court reporter transcribing what’s said. The written transcripts can then be used in court to support or contradict additional testimony given, or used if a witness can’t be present.
In some cases, witnesses are sequestered from hearing the testimony of others to prevent them from being influenced by that testimony or trying to match it.
“We want this to be open to the public, why don’t they? Who are they trying to keep out? They don’t want the press to attend these depositions,” attorney Robert Watrous successfully argued for the co-plaintiffs, the City of Bradenton Beach and Jack Clarke.
“It’s not the general public, it’s not the citizens, it’s not even the media that we’re concerned about. It truly is non-party witnesses, somebody who would potentially be a witness,” said attorney Jodi Ruberg, representing defendant Metz.
The co-plaintiffs filed a lawsuit against Metz and five other members of two Bradenton Beach boards last August, alleging they violated the Florida Sunshine Law. Metz and three other defendants – Reed Mapes, Patty Shay and Bill Vincent – are former Bradenton Beach Planning and Zoning Board members. Defendants Tjet Martin and Rose Vincent are former members of the city’s Scenic WAVES Committee. All six defendants resigned after the lawsuit was filed.
The lawsuit alleges the defendants discussed past and potential future board and committee business outside of a city meeting publicly noticed by the city clerk’s office. The alleged Sunshine violations stem from a Concerned Neighbors of Bradenton Beach meeting in July and additional email exchanges discovered later.
On April 13, Metz’s attorneys filed a motion asking the court to sequester the depositions of non-party witnesses. Non-party witnesses are those not directly named as defendants or plaintiffs.
Judge Lon Arend rejected the defense’s request to sequester witnesses. – Joe Hendricks | Sun
Arend said he has some concerns about how the deposition proceedings would be handled and he noted he has the authority to limit who’s in attendance. It is not yet known if the press or public can attend the defendant depositions scheduled to begin with Metz on May 23. Arend said that question may require another ruling from him if the parties can’t agree.
Attorney’s arguments
Metz and Martin attended Wednesday’s hearing accompanied by former mayor Bill Shearon and former City Commissioner Janie Robertson. Clarke also attended the hearing.
Attorney Jim Dye represented Mapes, with Ruberg representing Metz. The other four defendants have withdrawn their legal counsel and will represent themselves.
Paralegal Michael Barfield was on hand to assist Watrous, with City Attorney Ricinda Perry serving as co-counsel.
Watrous successfully argued the defense didn’t meet the burden of proof needed to support the request to sequester, and he noted that neither he nor the defense has yet named any non-party witnesses.
Perry suggested the non-party witnesses might include herself, the city clerk and the city planner. She said as co-counsel, sequestering her from the testimony of others would prevent her from protecting her client, the city.
“The can of worms we’re opening here is daunting.”
– Robert Watrous, Attorney
Citing past cases, Arend expressed concerns about hundreds of people wanting to attend depositions and showing up in T-shirts that express support or opposition for the parties involved.
In response, Perry pointed out the four non-party attendees present: Shearon, Robertson and two newspaper reporters.
Watrous said the limited space inside the court reporters’ offices would automatically limit attendance.
Attorney Robert Watrous, paralegal Michael Barfield and City Attorney Ricinda Perry are serving as the city’s legal team. – Joe Hendricks | Sun
Arend said that even if sequestered, witnesses could still be given written transcripts of others’ depositions, which are also later made public at the Manatee County Clerk of Circuit Court website.
“Are you asking that as part of my order as well?” Arend asked.
“We actually are,” Ruberg said.
Arend said he’s never had anyone come before him expressing concerns about non-party witnesses attending depositions. He asked if there was anything particular that made the defense think this was going to happen.
Ruberg said Watrous had already filed affidavits for non-party witnesses. Watrous filed affidavits on Aug. 11, the day the lawsuit was filed; the parties mentioned were the clerk, the planner and the city attorney who has since joined as co-counsel.
Watrous said he did not know who he planned to call as non-party witnesses and he’s never heard of a request like this.
“Are they going to move to exclude witnesses when nobody knows if they are or aren’t going to be witnesses? The can of worms we’re opening here is daunting,” he said.
Due to time constraints, a second hearing pertaining to the defense’s motion to compel Clarke to provide additional documents was postponed to a later date.
BRADENTON BEACH – City commissioners oppose the Florida Department of Transportation’s (FDOT) recent decision to replace the Cortez Bridge drawbridge with a 65-foot-tall, fixed-span structure.
Mayor John Chappie, a former Manatee County commissioner, placed the bridge discussion on the agenda for the Thursday, May 3, meeting so commissioners could share their thoughts in a public setting.
“When I was with the county, Commissioner (Carol) Whitmore and myself were the only two elected officials at the county level that flat-out said no, we did not want a high bridge. We wanted the low one of the three options they had,” Chappie said.
“I was disappointed. The Island has its character and it’s definitely not high structures. As we used to say years ago, ‘The trees are taller than the buildings.’ I know change is going to happen, but sometimes it’s just tough to take, this chipping away at the way things were,” Chappie said.
“I really don’t know if there’s anything we can do about it,” he added, noting that FDOT held several public meetings and gathered public input before making its decision.
Commissioner Jake Spooner suggested sending a letter to FDOT officials. Chappie agreed that it would be a good idea to at least officially voice the commission’s disappointment.
Spooner guessed it would be about 10 years before the funding was available to replace the existing drawbridge. Chappie estimated it might be 5 to 10 years, depending on what the federal government does in terms of passing legislation for infrastructure funding.
The Cortez Bridge was built in 1956.
“None of us want this thing, but what can we do?” Commissioner Randy White said.
White said he spoke with a resident of the Bridgeport condominiums who’s concerned the bridge will butt up against her home.
“Obviously not happy about this,” White said.
“I don’t know anybody who is,” Chappie replied.
White said a large bridge, similar to the Ringling Bridge in Sarasota, doesn’t make sense for a barrier island.
“I feel really bad for the people in Cortez,” he added.
Chappie said FDOT will want members of the Cortez and Bradenton Beach communities to serve on its yet-to-be-formed bridge aesthetics committee. He thinks it’s important for the City Commission and the Scenic WAVES Committee to be represented on that committee.
“Several members of our community should be on that. It’s the entrance to our city and it’s part of the CRA district,” Chappie said.
Commissioner Marilyn Maro said the people she’s talked to are not happy with the decision. She also mentioned the individual meetings city commissioners previously had with FDOT officials.
“They didn’t seem like they were going in that direction. I guess things must’ve changed since they talked to us,” Maro said.
Maro also expressed concerns about bridge users being exposed to higher winds, especially during storms.
“I thought they were leaning more toward the 35-foot mid-rise, with the drawbridge,” Commissioner Ralph Cole said.
“That one was $20-$30 million more. They’re trying to cut costs. They’re going with the cheap bridge,” White replied.
“Obviously they’re going for the maintenance end of it and they don’t have to maintain that span,” Cole added.
White said the fixed-span bridge would also eliminate the salaries paid to bridge tenders.
According to the April 23 press release issued by FDOT, “A fixed bridge is resoundingly the best financial investment for taxpayers. The initial construction cost, including design and construction, saves approximately $23.9 million compared to a new mid-level drawbridge. Over the 75-year life of the bridge, the fixed bridge also saves approximately $11.2 million in operating and maintenance costs compared to the drawbridge.”
BRADENTON BEACH – City Commissioners want to prohibit parking garages citywide, but they don’t feel amending the city charter is the way to do it.
In other charter-related business, the commission plans to appoint a Charter Review Committee (CRC) that among other things will debate the need to hire a full-time city manager.
Parking garage
At its April 19 meeting, the commission supported Commissioner Ralph Cole’s suggestion that the land development code (LDC) and comprehensive plan need to be amended to ensure that multi-level parking garages cannot be built anywhere in Bradenton Beach. Cole said the language currently contained in the land development code and the comp plan do not mirror one another when it comes to parking garages.
City Planner Alan Garrett told commissioners the comp plan currently allows for parking garages in two of the city’s dozen or so comprehensive plan zone designations. The commission wants to change that to ensure that no multi-level parking garages can be built in the city.
The commission discussion was partly inspired by the Keep Our Residential Neighborhoods (KORN) political action committee’s efforts to place a parking garage prohibition charter amendment question on the November ballot.
City Attorney Ricinda Perry said she does not think state law allows the city charter to be used as the means to address land use issues like a parking garage. She agreed these concerns should be addressed as commission-enacted amendments to the land development code and comp plan.
City Manager?
During the April 19 meeting, some commissioners shared their thoughts on hiring a full-time city manager – another charter amendment proposed by KORN.
Cole said previous CRCs have discussed hiring a city manager but never recommended it.
“It always comes down to the budget and you’d have to fund another position. Can we afford it? Would we have to raise taxes for the manager’s position?” Cole said.
Mayor John Chappie said he prefers the city’s current weak mayor form of government because it provides equal decision-making authority for all five commission members. He feels this prevents a strong mayor or city manager from having too much influence on the decision-making process.
During public input, KORN founder and treasurer John Metz expressed support for a city manager. He feels a city with a $3 million annual budget needs a professional manager.
He suggested a city manager trained in the execution and fulfillment of contracts could have prevented the delays the city’s experiencing with getting a floating day dock installed alongside the Bridge Street Pier.
Chappie, Perry and Cole disagreed with Metz’s opinion that a city manager could have prevented the delays the city has been subjected to by its dock contractor, Technomarine.
“I think it’s running very well the way it is,” Commissioner Marilyn Maro said of the city’s current form of government.
Maro praised the monthly department head meetings that provide commissioners with updates from staff regarding their efforts to carry out the commission’s directives and she encouraged residents to attend these meetings.
Charter review committee
The city clerk’s office will accept applications for CRC members through May 7. Chappie will then nominate members for the commission’s approval. Commissioners can also recommend committee members.
The appointed committee will conduct a comprehensive review of the city charter – the legally binding document that determines how the city is governed and operated.
The CRC will be asked to review and clarify three charter amendments adopted by city voters last fall. The committee also will be asked to help better define the residency requirements placed on city commissioners and commission candidates.
The committee will have the ability to review, but not alter, the four charter amendments proposed by KORN. The committee could then propose its own amendments to address concerns raised by the KORN amendments.
The committee can also propose for commission consideration any other charter amendment the committee feels would be beneficial to the city and its citizens if supported by city voters in November.
BRADENTON BEACH – City staff is now implementing, enforcing and working out the kinks in the city’s new vacation rental regulations and registration program that took effect March 19.
The new rental regulations require side yard trash pickup service for some short-term vacation rental properties, but some owners and operators may not be aware of the new trash requirements.
According to City Treasurer Shayne Thompson, 191 short-term rental owners/operators had registered as of March 22.
Ordinance 17-476 and the accompanying Transient Public Lodging Establishment (TPLE) resolution that established the registration and renewal fees were among the documents included in the informational and noticing packets sent to all known Bradenton Beach property owners in November.
The packets also included application forms and a list of owner/agent requirements but the only mention of the side yard trash pickup requirement is in the ordinance itself.
Rental owners and property managers who did not read the entire ordinance may not have picked up on the new trash requirements applicable to certain rental properties. This is turn could subject unknowing owners and operators to warnings or citations issued by Code Enforcement Officer Gail Garneau.
“We’re aware of this and we will be updating the application form. Anyone that has already registered will be notified,” Bradenton Beach Police Chief Sam Speciale said last week.
Speciale said a staff meeting is being scheduled so staff and other city officials can discuss any concerns that have arisen thus far in the implementation of the new rental regulations.
Vacation rental requirements
When developing the rental regulations last summer, several citizens, city commissioners and Planning and Zoning Board members expressed concerns about trash cans affiliated with vacation rental homes being left at the curb for several days. City code requires trash cans to be brought in by 8 p.m. on the day of pickup.
Side yard trash pickup alleviates the need for trash receptacles to be placed at the curb. For an additional fee, Waste Pro personnel will retrieve the trash receptacles from alongside the home or structure and return the emptied receptacles to those same locations.
Bradenton Beach’s new side yard trash pickup requirements do not apply to vacation rental properties that are already exempt from the city’s new TPLE regulations and licensing requirements because they are located in the Planned Development, Mixed-Use, Limited Commercial or General Commercial zoning districts.
The new side yard pickup requirements also do not pertain to short-term rentals located in R-1 and R-2 residential zones if the property owner lives in part of the home or duplex, or the property has onsite management at least six hours a day.
Vacation rentals located in the residential zones are however still required to have a city-issued Transient Public Lodging Establishment license and are subject to the new rental regulations.
All vacation rentals in the city, regardless of their zoning district, are required to have a city-issued vacation rental business tax license and a state-issued vacation rental license from the Florida Department of Business and Professional Regulation.
Side yard service
When contacted last week, Waste Pro route manager Bob Baublitz and Office Manager Ranell Bradfield said side yard pickup service costs $29.96 per month for one trash receptacle can and one recycling receptacle. Each additional side yard pickup trash receptacle costs $13.50 a month. Each additional side yard recycling receptacle costs $10 per month. Baublitz said regular curbside service costs approximately $17 a month.
Baublitz said Waste Pro has approximately 800 side yard trash pickup accounts in Holmes Beach and his company is aware of the new regulations in Bradenton Beach. He said Waste Pro personnel do not go into garages or carports or behind privacy fences to retrieve trash and recycling receptacles. The receptacles must be placed in a visible and easily accessible location.
Ranell said Waste Pro currently has approximately 55 side yard trash pickup customers in Bradenton Beach and almost all of those were in effect before the city sent out its rental regulation notification packets in November.
The city of Anna Maria requires side yard pickup for all non-homesteaded properties.
To obtain side yard trash pickup in Bradenton Beach, call Waste Pro at 941-355-9600.
If you have questions as to whether your rental property requires side yard trash pickup, contact the City Clerk’s office at 941-778-1005.
ANNA MARIA ISLAND – Everyone who’s driven on the Island during winter season months knows that a little extra time and a lot of patience are needed to deal with traffic delays.
The Florida Department of Transportation’s Barrier Island Traffic Study recorded hourly numbers of motorists on Manatee Avenue as high as 40 percent over regular traffic volumes during peak season times, January through April 2017, with the traffic on Cortez Road noted as 15 percent over average volumes. That comes out to about 1,500-1,600 cars per hour on Manatee Avenue and 1,200-1,400 on Cortez Road.
Once they’re on the Island, there are only so many places for all those cars to go. During the same time, FDOT contractors recorded an average of 1,000 cars an hour on Marina Drive with the same number also driving down Gulf Drive to Bradenton Beach.
“It’s like taking 30 pounds of potatoes and trying to put it in a 5-pound sack,” said Holmes Beach Police Chief Bill Tokajer, who also serves as the city’s traffic engineer. “There’s no where to send the traffic. People are driving out to a dead end.”
Part of the issue is that for everyone coming onto the Island, they need somewhere to go, and everyone already on the Island is trying to get somewhere. Rather than merging, the two traffic streams are clashing as parking becomes more limited and streets fill with vehicles.
Holmes Beach Mayor Bob Johnson referred to Queue Theory, a mathematical study of waiting lines, to explain it. He likened it to waiting in line to check in at the airport. He said waiting lines move faster because airlines open up more counters to serve guests. According to the theory, lines can only move as quickly as the person in front is being served.
If the person at the front of the line is a driver who’s stuck at a red light or can’t find a parking space, the line builds up and the wait time for other drivers increases. The issue, Johnson said, is there’s only so many gateways to the Island, three including access from Longboat Key, and potentially 1,000 people trying to use each one at the same time.
Every time the Anna Maria Island Bridge raises to allow a boat to pass it can take up to 15 minutes for traffic patterns to return to normal. – Kristin Swain| Sun
One long-term fix to help traffic coming from the mainland is the installation of high fixed-span bridges in place of the Anna Maria Island and Cortez bridges. Eliminating the 5-minute raising and lowering of the current drawbridges could save motorists up to 15 minutes of wait time.
In Holmes Beach, Tokajer also is working to optimize the timing of the red lights at East Bay Drive and Manatee Avenue and Gulf Drive and Manatee Avenue to allow traffic to flow better once the bridge reopens.
Another short-term solution being considered in Holmes Beach is to extend the right turn lane for East Bay Drive to the merge lane from the Manatee Public Beach and extend the right turn lane on Manatee Avenue for Gulf Drive to allow motorists more freedom of movement.
One of the fixes proposed by the traffic study engineers at Stantec is to have a park and ride service from the mainland down Manatee Avenue to the county beach. Without a dedicated traffic lane, Tokajer doesn’t think that idea will be popular with beachgoers.
An elongated roundabout is proposed as a long-term solution for the busy intersection of Marina, Palm and Key Royale Drives near Gloria Dei Lutheran Church. – Submitted | Sun
“They’re still stuck in the same traffic but without the comfort of their own car,” he said, also expressing concern about what happens to all those people if a rainstorm blows up. “How will you get them off the Island?” he said.
Lynn Burnett, engineer to the three Island cities, thinks she may have some long-term solutions to help traffic, if not eliminate it, ideas the people behind the traffic study are getting behind.
One idea is to remove traffic lights and install roundabouts slightly larger than the one at Bridge Street and Gulf Drive in Bradenton Beach. Burnett said the roundabouts will encourage free flow of traffic, if motorists obey the rules of the road. FDOT encourages the use of roundabouts. The department’s educational materials for the use of roundabouts say that all approaching traffic must yield to traffic already in the roundabout. Approaching motorists must slow down before entering the roundabout, yield to bicyclists entering the traffic lane and watch for pedestrians crossing the road at one of the roundabout entrance points. Burnett said with the right public education, she thinks roundabouts will help traffic move faster than red lights, hopefully lowering the wait time of drivers trying to enter and exit the Island. At busy intersections such as the Gulf Drive and Marina Drive intersection, it also would allow a safe way for pedestrians to cross the street. Due to several close calls at that intersection with cyclists and pedestrians crossing without a marked crosswalk, Tokajer said he hopes to install a sidewalk railing to prevent people from entering the intersection and signage to direct them to a safe, lighted crosswalk. The matter goes before city commissioners for a decision in April.
To truly make a difference in vehicular Island traffic, Burnett said people need alternate forms of transportation. While the Island trolley does move people around the Island, it still lands in the same vehicular traffic as a car. Burnett hopes to receive Island city support, along with local, state and federal funding, for a complete street project stretching the length of the Island from Anna Maria through Bradenton Beach to Longboat Pass.
If it materializes, the project would see vehicle lanes shrink to 11-feet wide with a designated bicycle lane on each side of the road and pedestrian sidewalks. The bicycle lanes would be brought up to current FDOT standards with a 3-foot clearance between the traffic lane and bicycle lane to help keep cyclists safe. The move also would remove some bicycles from sidewalks along the Island’s main corridor, helping to keep pedestrians safe.
For all the fixes proposed, three challenges remain – approval, time and money. Replacement of the Anna Maria Island and Cortez bridges is currently unfunded and expected to take at least another five years plus the time for construction. Intersection changes also need funding and approval from the state, county or local municipality, depending on whether the road is a local or state road.
In the meantime, all drivers can do is plan ahead, help out their fellow motorists by allowing people to turn across crowded traffic lanes and wait their turn rather than trying to use bicycle lanes as passing lanes, something that can cause a hefty fine from local law enforcement. Bicyclists should remember to travel only in the direction of vehicular traffic and use bicycle lanes whenever possible, yielding to pedestrians on sidewalks. Pedestrians need to remember to be aware of their surroundings and look both ways before crossing a street, even at a crosswalk.
BRADENTON BEACH – Despite an appeal from a city commissioner, Bradenton Beach’s voter-initiated building moratorium will expire on Wednesday, March 7.
On behalf of some of her constituents, Commissioner Marilyn Maro requested the moratorium be extended for three more months, but legal justification for another extension could not be made during the Thursday, March 1 City Commission meeting.
Maro’s agenda request included a handwritten note from the “People of Bradenton Beach” seeking more regulations and additional adjustments to the land development code before the moratorium is lifted.
“We want to see an end to all party houses. We want our neighborhoods back,” the note said.
In Nov. 2016, a voter referendum mandated the commission enact a six-month moratorium on the issuance of building permits for homes containing more than four bedrooms or potential sleeping rooms. The moratorium was extended several times to allow the commission more time to develop rental regulations and other regulations intended to limit the impact vacation rentals have in residential neighborhoods.
The possibility of another extension prompted a hand-delivered letter written by attorney Aaron Thomas on behalf of the Najmy-Thompson law firm that represents several Bradenton Beach property owners.
At the request of Thomas and Mayor John Chappie, City Attorney Ricinda Perry read the letter aloud when last week’s discussion began.
“The Bert J. Harris Jr. Private Property Rights Protection Act provides a cause of action for temporary impacts on development lasting more than one year. The initial moratorium went into effect Nov. 8, 2016, well over one year ago. While the city may currently be susceptible to Bert Harris claims under this temporary impact on development provision, an extension of the moratorium for an additional three months will only solidify this fact. Should you elect to extend the moratorium an additional three months the city will undoubtedly be subject to a number of Bert Harris claims for which a monetary settlement will be the only reasonable settlement for our clients. Given this, we urge the commission to vote against the three-month extension,” the letter said.
Perry said she disagreed with the assertion that the city was currently at risk of Bert Harris claims – in part because city voters enacted the moratorium – but she agreed the city would be at risk if the moratorium was extended again.
Chappie and Commissioner Ralph Cole both noted Bradenton Beach is the only Island city not to be named in a Bert Harris claim.
“We are pleased the city made this decision,” Thomas said. “It was only to their benefit to do so. Many of our clients who have investment property in Bradenton Beach are optimistic about the city’s new leaders making fair and well-balanced decisions with respect to the vacation rental home market within the city.”
Commission discussion
Maro referenced the residents’ requests for another extension and said, “They just don’t want party houses. They’d said there’s still too many people in these houses, we’re talking 20 to 30 people. There’s still a few things that need to be adjusted.”
Perry, Chappie and City Planner Alan Garrett each expressed their views that staff, the Planning and Zoning Board and the commission had done all it set out to do when the moratorium was enacted and another extension could not be justified.
Since enacting the moratorium, the commission adopted a revised version of the original vacation rental regulations adopted in 2015 but never implemented. That registration program is underway and the new regulations take effect March 19.
Occupancy limits are established by the air conditioning load determined according to the Florida Building Code. According to Building Official Steve Gilbert, this basically equates to the same two people per bedroom plus two additional guests limits established in Anna Maria and Holmes Beach.
Bedrooms must now be labeled and adhered to when submitting building applications and rental registrations.
Side-yard trash pickup will soon be required of non-owner-occupied rentals and parking requirements have been increased. Noise complaints will be enforced by the police department as they are for any other home or business.
Pool setbacks for all residential properties have been increased and pools will now be counted as impervious surfaces when calculating the 40 percent maximum lot coverage.
Historic preservation
The commission unanimously supported Cole’s previously-made suggestion that the commission now pursue a historic preservation ordinance similar to the city of Anna Maria’s. The intent is to encourage property owners to preserve traditional cottages and bungalows rather than demolish them and replace them with larger homes to be used as vacation rentals. A historic preservation designation helps homeowners offset the FEMA 50 percent redevelopment limits that often make it easier to build a new house than improve an old one.
BRADENTON BEACH – Commissioner Jake Spooner initiated a follow-up discussion on driveway restoration during last week’s City Commission meeting.
Portions of several driveways along Avenue C have been or will be torn up by Westra Construction as county sewer and water lines are installed in city rights of way.
At the commission’s Feb. 6 work meeting, it was learned that Westra is only obligated to replace driveway materials removed from city rights of way with 57 stone – the same material to be used by the city when stormwater infiltration trenches are installed along Avenue C and other locations later this year. Westra is not required to replace pavers, concrete, asphalt, shell or gravel removed from city rights of way.
The restoration conditions were established in a letter drafted by Burnett and sent to the county’s project manager in June.
“It’s definitely too late to make the county do it,” Mayor John Chappie said, when discussing the complete restoration of impacted driveways at the Feb. 15 commission meeting.
When seeking the commission’s approval to write the restoration letter, Burnett told the commission the disturbed rights of way would be restored consistent with the current adopted land development code and city standard details, but 57 stone was not specifically mentioned.
Chappie referenced a conversation he recently had with Building Official Steve Gilbert regarding the right of way use permit then issued to Westra.
“It’s my understanding there are no standards for driveways in our land development regulations,” Chappie said.
Cost estimate questioned
Spooner said he didn’t think the driveway restorations would cost nearly as much as the $580,000 worst-case scenario Burnett suggested at the work meeting.
“I think that figure was a little off,” he said.
“I think it was way off,” Chappie added.
Spooner said he thought Burnett’s estimate of 100 driveways along Avenue C was also high.
He said most of the Avenue C driveways are covered with shell, gravel or pavers, and Westra is setting removed pavers aside, which means they could be put back in place without buying new ones.
Spooner also noted pavers, asphalt and other driveway materials could be placed atop the 57 stone without significantly impacting its subsurface drainage capabilities.
Chappie said Gilbert estimated the restoration efforts, if pursued, might typically cost $400 per driveway.
Commissioner Ralph Cole said he drove down Avenue C and didn’t see that many torn up driveways. He agreed that removed pavers, stones or shell could be easily replaced or restored.
Cole asked if it’s common for a county project to not require the full restoration of disturbed driveways.
“It depends on how they bid the job. It’s an extra cost for the contractor,” Chappie said.
Spooner said Westra is using directional underground boring equipment to install its lines, which could result in fewer driveways being torn up.
“But we’re going to have other areas on other streets where we’re doing stormwater stuff. There still some more work to do. Are we going to replace the driveway areas in the city right of way and put them back to the way they originally were? We have to look at the money and see where it could come from,” Chappie said.
Chappie received commission consensus to direct city staff to begin photographing potentially impacted driveways and he said he would will schedule another commission work meeting.
A ride down Avenue C after Thursday’s meeting indicated 35 shell driveways, 23 paver driveways, eight concrete driveways, six asphalt driveways, one rock driveway, one grass driveway and one concrete sidewalk in the city rights of way.
The largest asphalt driveways are the parking lots at the Lay-Z Liv-N condominiums. A Westra employee said the parking lot and palm trees in the right of way on the west side of the street would likely be impacted.
BRADENTON BEACH – The city’s Community Redevelopment Agency (CRA) is ramping up its conversations on putting utility lines along Bridge Street underground.
CRA chair Ralph Cole has been advocating for underground utility lines since 2016. During the Feb. 7 CRA meeting, he said it would cost $160,000 for Florida Power & Light’s (FPL) portion of an undergrounding project on Bridge Street. There would be additional work and costs associated with the cable TV and internet providers and underground boring services. Cole said there would also be some cost to Bridge Street business owners, but he thinks they would support the project.
“You have to start somewhere. It might be time to lay the foundation to start undergrounding the power. My goal is get everything underground eventually and get rid of all the wires,” Cole said, noting that underground utility lines were included in the original CRA plan in 1992.
Cole said FPL’s work would cost $1.7 million if undergrounding the entire CRA district from Fifth Street South to the Cortez Bridge. He said the project could be done citywide as funds become available or the city could borrow the money and charge property owners a special assessment fee.
Public Works Director Tom Woodard estimated the total cost to underground utility lines on Bridge Street alone to be slightly less than $1 million.
“The $160,000 is basically FPL’s small part of it. That’s for the cable and the conduit. That does not include Bright House, Spectrum, Frontier or whomever. There are a lot of other factors,” he said.
Woodard and City Engineer Lynn Burnett met with Longboat Key representatives to learn more about that town’s undergrounding efforts. Burnett said the town hired a consultant to conduct a feasibility study and help coordinate the parties involved.
In 2015, Longboat Key voters approved the town borrowing $25.25 million to underground all electric, phone and cable lines and install fiber optic cables along Gulf of Mexico Drive. The town website says the project is in the early stages of implementation. This includes establishing special assessment fees for each parcel of land. The fees range from $2,400 to more than $5,500 and full construction of the underground network will take several years.
Board response
“We’re about this beautiful setting and power lines suck. It’s certainly safer because we are really susceptible to power going down in storms,” CRA member Ed Chiles said. “What’s the negative to putting power underground, besides a property owner changing his lead?”
Member Jake Spooner said underground lines are harder to maintain, and it can be more difficult to locate breaks and trouble spots.
“If we’re going to do it, let’s look at the whole thing. What’s it gonna cost? Is it feasible?” member John Horne said.
“I think it is something we should look at for the entire city,” member John Chappie said.
Extending the project beyond the CRA district would require City Commission approval and CRA funds could not be used outside the district boundaries.
City Treasurer Shayne Thompson said the current CRA fund balance is slightly more than $1.9 million including $347,000 in tax revenues received this year. He estimated the CRA would receive $400,000 next year.
Member Randy White asked how deep the power lines would be buried.
Burnett said the depth varies depending on several factors. She said some lines in Longboat Key would be buried to 25 feet and others would be shallower.
“I’m thinking of Avenue C and what a mess that is. Would that not happen on Bridge Street?” White said when asking about the amount of digging required.
Burnett said bore pits would be needed where the underground boring begins and where the conduit and lines are pulled to the surface.
“It’s not a trench dig,” she said, noting the work on Avenue C is a combination of boring and an open-cut trench dig.
The board directed Burnett and Woodward to gather more information for its March meeting.
