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HB Fish Canal

Holmes Beach officials responding to fish floating in canals

HOLMES BEACH – Holmes Beach city officials are aware of the dead fish floating in some of Holmes Beach’s residential canals and they are working to rectify the situation.

One of the most visible instances is in the canal along Marina Drive, near 63rd Street.

On Friday, Nov. 23, outgoing Holmes Beach Mayor Bob Johnson said members of the city’s Public Works Department would be out in the city boat Saturday morning removing dead fish from canals. He said the fish removed would be placed in a designated dumpster and pick up by WastePro by noon on Saturday.

“We’re working on it. What we’ve been doing is picking these things up every couple days because they’ve been at different places at different times, depending on which way the wind blows. The other side of that is getting rid of the fish, so we have a dumpster service that we use. We don’t leave them in the dumpster overnight because that also causes problems,” Johnson said.

“They’re trying to keep up with it,” Police Chief Bill Tokajer later added.

Anna Maria Mayor Dan Murphy said he hadn’t received any reports of dead fish floating in Anna Maria’s canals. He said if he gets any reports of that nature he would reach out to the Cortez commercial fishermen who earlier this year assisted the city with its red tide-related shoreline cleanup efforts along South Bay Boulevard.

Captain’s concerns

On Thursday, Nov. 22, Holmes Beach resident and charter fishing captain Scott Moore suggested at his Facebook page that it would be smart for the city of Holmes Beach to remove the dead fish as soon as possible because that would benefit the Island’s residents and visitors. He also stated his view that it’s more environmentally sound to remove the fish quickly rather than allowing them to sink to the bottom and decompose.

When contacted Friday, Moore said, “Most of them are mullet, it’s a shame. As soon as those fish pop up, they need to get them. They shouldn’t wait until they’re half-rotted because once they start to decay and rot that puts nutrients back in the water that can help regenerate red tide.”

Moore said these views were shaped in part by scientific opinions cited at a meeting he attended after the red tide blooms began appearing near Anna Maria Island in early August.

“Hopefully they can clean that up because it’s hard on the tourism. I’m not complaining about Holmes Beach, I know they’re limited. A month ago, Holmes Beach workers came down and cleaned up my canal,” Moore said.

Moore said he was also aware of dead fish floating in other nearby residential canals, including canals in Key Royale and Seaside Gardens.

On a more positive note, Moore said the water on the Gulf side looked good.

“The beach is beautiful. The water at 28th Street is beautiful. It’s only on the bay side, and some in Palma Sola too. I caught a lot of fish in the river near Terra Ceia this week. The water there was good,” Moore said.

Social media commentary

On Wednesday, Nov. 21, Anna Maria resident Cheri Sackett initiated a Facebook conversation that started with her post that said, “The canal by 63rd St. is littered with dead fish again.”

HB Fish Facebook 1128 S
On Wednesday, Anna Maria resident Cheri Sackett posted this on her Facebook page, which then generated responses from several other users. – Facebook | Submitted

Facebook user Rich Bell noted this is something Island visitors would notice when visiting or passing through Holmes Beach.

“Go net the canal,” he suggested.

Brett Nance posted a response that said he cruised in his boat and spotted several large dead fish floating in the canals and by the Kingfish Boat Ramp too.

A few Facebook users commented on how the lingering red tide is affecting their respiratory health and the unpleasant smell it created at times.

According the Florida Fish and Wildlife Conservation Commission website, the red tide levels offshore of Manatee County between Nov. 15 and Nov. 21 remained within 5 percent (positive or negative) of the levels recorded the previous week.

 

https://amisun.com/2018/11/23/patchy-red-tide-forecast-at-high-levels/

Hunters Point canal

Canal ownership presents unique situation

CORTEZ – What impact does the revelation that Hunters Point Resort and Marina developer Marshall Gobuty owns the inland canal that borders his proposed development site have on neighboring property owners?

The Sun posed this question to the Florida Department of Environmental Protection (FDEP) and the Southwest Florida Water Management District (Swiftmud) after this fact was made public during the Manatee County Planning Commission’s Dec. 14 review of the Hunters Point development plans.

Representatives of the two state agencies were asked if Gobuty’s ownership of the canal allows him to restrict navigation on the heavily used canal that begins at the Bradenton Boat Club and connects with the Intracoastal Waterway near the Seafood Shack restaurant. Several homes along the canal have docks and boat lifts and the canal also connects with H&H Marina and the Buttonwood Inlet RV Resort.

FDEP Public Information Manager Shannon Herbon referred The Sun to Swiftmud Public Information Officer Susanna Martinez Tarokh, who provided the following response: “Our regulation staff tells me typically the title holder doesn’t own the water, only the bottom lands, and he could restrict someone building something on the bottom lands he owns. Unless his ownership documents say something else, he really cannot control the use of the canal.”

Tarokh’s response supports county staff member Dorothy Rainey’s statement that canal-side homeowners need Gobuty’s permission to build a dock or install a boatlift that has supports extending downward to the submerged lands below.

Tarokh’s response contradicts Rainey’s statement that these property rights are granted to Gobuty by a state-issued submerged land lease.

“According to our regulatory staff, this project does not have a Sovereign Submerged Lands located within the project area issued by the District,” Tarokh’s email said.

Tarokh attached a copy of a 2007 title search associated with the property before Gobuty acquired it in 2016. The title search was requested by Hunters Hill Inc. Vice President Christopher Ayre, a business associate of Peter and Eva Thurell, the property owners at that time.

“Our records indicate the canal was dredged/altered, and there is insufficient information to determine the location of the mean high-water line at this site prior to alterations. Therefore, we recommend the proprietary requirements normally applied to state-owned lands not apply to this activity,” the title search document states.

Local impact

During the Planning Commission meeting, Margaret Tusing, the county’s principal planner, addressed the canal ownership when discussing Gobuty’s request to reduce the waterfront structure setbacks to create more room for his development.

“This is an unusual situation. When you look at the waterfront setback requirements it has a provision that talks about if you own the canal or you own the waterway you do not have to meet the 30-foot setback. Marshall does own this waterway, however at some point in time the individual property owners aren’t going to own the water anymore; the homeowner’s association is probably going to own it. That’s why we’re using an abundance of caution, coming forward with this specific approval to allow it to be reduced to the 15 feet,” Tusing said.

There are no known documents that ensure neighboring property owners the continued use of their existing docks, but Gobuty’s attorney, Caleb Grimes, told the Planning Commission and the public that his client has no issues with the existing docks and no intent to limit the historic use of the canal for navigational purposes.

Barring an easement or some other written agreement, neighboring property owners may be left reliant on the developers’ word and/or the homeowner’s association’s future decisions regarding any potential restrictions or fees imposed upon new or existing docks. If Gobuty sells the property before it’s developed, ownership of the canal would transfer with it.

County commissioners will be asked to approve the Hunters Point Resort and Marina development plans on Thursday, Jan. 11. The public hearing will allow for public comment on all matters pertaining to the proposed project.

Previous coverage

Hunters Point plans revealed