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Gloves come off in parking garage discussion

Gloves come off in parking garage discussion

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

HOLMES BEACH – The gloves are off in the fight between city leaders and Manatee County Commission Chair Kevin Van Ostenbridge after the county commissioner made an appearance during a city commission work session.

With the possibility of a parking garage ban in Holmes Beach on the agenda, commissioners weren’t surprised when Van Ostenbridge wanted to share his opinion on the issue. After being welcomed by city commissioners, he stepped up to the podium during public comment to issue a warning against the potential prohibition of parking garages in the city.

“Think long and hard before you make this decision,” he said, stating that prior city commission decisions have resulted in county commissioners rejecting funding requests.

“How do I say this politely? It’s not an accident that the governor vetoed $2 million in funding for the city,” Van Ostenbridge said, insinuating that the recent cut made by Gov. Ron DeSantis to the state’s budget removing appropriation funds for water quality in the city was related to parking discussions.

“There will be good or bad consequences to what is decided here today,” he said, adding a warning to commissioners to be thoughtful in their deliberations.

After speaking to commissioners, Van Ostenbridge left the June 14 meeting but told Mayor Judy Titsworth later that he listened to the ensuing discussion on Zoom.

“I’m sorry he couldn’t stay,” Titsworth said when the parking garage discussion began on the dais. She noted that with taxable property values in the city increasing over 200% in the current fiscal year and Holmes Beach accounting for 37% of all bed tax funds collected by the county, it’s not in county leaders’ best interests to threaten withholding funding to the city.

“You want to protect the golden goose,” she said.

After the meeting, Titsworth posted a video response to Van Ostenbridge’s comments on the city’s YouTube channel restating her position.

“I too am sorry the commissioner chose to not listen to our response to his threats,” Commissioner Terry Schaefer said. “It’s sad how this county commission is run, putting a gun to our heads.” He went on to say that he feels that with all the tax dollars going to the county from Holmes Beach, the city is getting “a very poor return on our investment.”

In the past 10 years, more than $30 million has been funneled to the county through tourist tax dollars, Schaefer said, adding he believes the city has only received about $141,000 of those funds back for parks projects. He said he’s not in favor of parking garages in the city and felt that allowing them would only serve to help the county solve its issues created by overmarketing of Anna Maria Island and its beaches.

Commissioner Carol Soustek said she wants to see long-term traffic and mobility solutions to address issues and help residents and beachgoers coming from county commissioners rather than threats. She said that she doesn’t think adding more places to park would solve the problems facing city and county residents, primarily traffic congestion, public safety and failing infrastructure.

During his comments, Van Ostenbridge said that he was planning to put together a plan to present to city commissioners over the summer for a parking garage to be constructed at the county-owned Manatee Beach.

While the prohibition of parking garages was on the city work session agenda, parking garages are currently not an allowable use in the city, nor is paid parking. To allow a parking garage to be constructed at the beach would require an ordinance change, site plan approval and potentially an in- crease of the current height limit in Holmes Beach. The height limit now would only allow for a three-story structure.

Despite Van Ostenbridge’s comments, Titsworth noted that the discussion had been placed on the agenda not because of the potential for a parking garage at the public beach but because the property owner of the former Wells Fargo Bank location at the corner of Marina and Gulf drives was seeking city staff guidance to determine what uses could be al- lowed on the property. She said no formal proposal for the site had been given to city staff, which committed to looking at potential ideas for the site and other nearby vacant commercial properties for future commission discussion.

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Holmes Beach parking changes planned

Beach parking meeting reaps results

All roads lead to parking

Committee to focus on prevention

Clean water group poses solutions to algae blooms

Written by SUN contributor on . Posted in Algae, Featured, Outdoors.

HOLMES BEACH – As members of the city’s Clean Water Ad-Hoc Committee seek solutions to water quality issues already plaguing the area, Mayor Judy Titsworth wants them to shift focus to their overall goal – prevention.

Committee members met recently to get water testing results, review feedback from city commissioners and hear from Suncoast Waterkeeper Chair Rusty Chinnis, The Sun’s outdoors columnist.

During the meeting, Titsworth stepped up to the podium to talk about different devices that could be used to remediate algae problems around Anna Maria Island. She said that none of the devices she’s seen so far are really impressive in their capabilities. She also added that while using a device to churn the water and push lyngbya algae mats out of canals and into the bay would help improve the quality of life for residents, it doesn’t solve the problem, which is preventing the algae blooms in the first place.

“It’s a Band-Aid,” she said of the devices. “The big goal is prevention.”

Members of the committee agreed, but some said they’d like to look into the possibility of using skimmers to remove the algae mats from the top of the water. The problem with those, Titsworth said, is that once captured, the algae needs to be disposed of. She said that some of the skimmers would break up algae, which would also cause it to sink, decomposing on the bottom of waterways and creating excess nitrogen, which causes waterways to deteriorate.

“We have to fix the water,” committee member Scott Ricci said. “If we fix the water, the algae goes away.”

Committee to focus on prevention
Environmental advocate Rusty Chinnis spoke to members of the Holmes Beach Clean Water Ad-Hoc Committee during a June 8 meeting. – Kristin Swain | Sun

Chinnis told the committee that local waterways have lost approximately 15 years’ worth of seagrass in just three years, illustrating the issue of deteriorating water quality. He encouraged committee members to do everything possible to get in front of politicians to demand change and work to prevent problems rather than focus on dealing with the aftermath.

Chinnis said that he doesn’t think using equipment to push algae blooms around or to skim them off the top of the water will help. With such large algae mats forming, along with fish kills and red tide algae, he said that even with skimming some off the top, too much material will still sink and decompose, leading to higher nitrogen levels that encourage more lyngbya and red tide blooms.

Steve Swan gave committee members the results of a water quality test conducted in the 59th Street canal in Holmes Beach. He said that not only is the nitrogen level in the sample very high at over 12 milliliters per liter, but the algae level also is extremely high. The test to see how much oxygen is in the water showed that the area’s waterways are very stressed, with oxygen levels depleted, Swan said.

Committee members agreed to put more of their $30,000 budget toward water sampling, testing drinking water and algae remediation efforts. They also plan to provide freelance employee support to the city, if needed, to manage a website giving tips and advice to the public on how to change actions to prevent excess nutrients and algae in area waterways.

Holmes Beach parking changes planned

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

HOLMES BEACH – More parking changes are being proposed for Anna Maria Island’s largest city, but this one doesn’t affect the number of available parking spaces, just how they’re used.

During a May 24 work session, commissioners heard a proposal from City Engineer Sage Kamiya to join the cities of Anna Maria and Bradenton Beach in requiring all vehicles parked on the sides of city streets to have all four wheels off the road.

If enacted, the proposed regulations would provide an exception for temporarily parked vehicles such as landscaping trucks and other work vehicles while work is being done on the property.

“I’m all for this,” Commissioner Carol Soustek said.

Commissioners agreed to move the proposed parking changes to a first reading and vote at an upcoming regular meeting.

Kamiya said the change would align Holmes Beach’s regulations with those of its sister cities. Mayor Judy Titsworth added that the proposed four wheels off the road change would not affect the number of parking spaces currently available to the public along city streets.

While the change would be applied citywide, Titsworth said that Key Royale may be exempted from the regulations, maintaining two wheels off the road parking, due to the wide width of the community’s streets. She also added that since Key Royale is separated from the rest of Holmes Beach by a bridge, it makes it easier to define the boundaries for officers enforcing parking regulations.

Other changes to parking being considered include designating parking spaces at beach accesses and along city streets where public parking is allowed by using bollards and rope, creating a parking map and adding additional rapid flashing beacons to city crosswalks. Kamiya said that all of the changes combined work together to help commissioners realize the vision of becoming a safer community for people using all forms of transportation.

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Beach parking meeting reaps results

Prepare your house, pool and yard

Written by Sun staff on . Posted in Hurricane Guide Archives.

Here’s how to secure your home, pool and yard before a storm.

 Home preparation

  • Install shutters on all openings, including windows, doors, sliding glass doors, French doors and garage doors
  • If using plywood, purchase 5/8″ thick plywood well before a storm arrives, pre-measure, pre-drill and label each piece, or buy clips to attach plywood to window frames
  • Install impact resistant windows
  • Caulk or install weather stripping around windows
  • Install three door hinges on outside doors
  • Install deadbolts that extend one inch into the door jamb on outside doors
  • Repair loose or missing roof shingles
  • Inspect soffits for adequate fasteners
  • Replace loose or missing soffits
  • Outside, seal openings from air conditioning refrigerant lines, water heater pressure relief lines, water pipes, cable and satellite TV wires, telephone wires, Internet wires and exhaust fan vents from bathroom, kitchen, clothes dryer
  • Inside, seal around electrical boxes and circuit breaker panels, electrical outlets, exhaust fan vents
  • Bring loose items inside, including garbage cans, lawn furniture, decorations, hoses, hanging plants, grills
  • Turn off or disconnect electric, gas, water and sewer before evacuating

Mobile home preparation

  • Inspect, repair or add tie-down straps and anchors according to Florida Department of Highway Safety and Motor Vehicles standards
  • Make sure straps are properly aligned and not on an angle
  • Check to be sure the proper number of tie-downs have been installed properly
  • Verify that ground anchors and stabilizer plates have been installed properly
  • Be sure support piers are in contact with the frame
  • Replace straps or ground anchors that show signs of corrosion or damage.
  • Inspect and repair wood rot and termite damage in wall-to-floor connections, wall-to-roof connections, perimeter joists and trusses
  • Inspect fasteners if home has a roof-over
  • Close shutters
  • Secure loose outdoor objects
  • Turn off or disconnect electricity, gas, water and sewer
  • Establish a community evacuation plan for your mobile home park
  • Make a list of residents’ phone numbers, altern ate addresses
  • Assign each neighbor a partner to help them evacuate

Swimming pool preparation

  • Lower the water level to reduce flooding potential
  • Do not empty the pool, it could pop out of the ground
  • Turn off electrical power to the pool
  • Store filter pump motor indoors to keep it dry
  • Store loose items indoors, not in pool, to protect from chemicals
  • Add extra chlorine to use pool water for washing and flushing
  • Inspect and repair or replace pool screen hardware
  • Remove two opposite pool screen panels to allow wind to blow through

Yard preparation

  • Trim weak branches
  • Hire licensed trimmers to trim near power lines
  • Trim early enough before storm to allow branches to be removed from property to keep them from becoming projectiles.

 

Bird nesting discovered in trees slated for woodchipper

Bird nest discovered in trees slated for woodchipper

Written by SUN contributor on . Posted in Birds, Featured, Outdoors.

HOLMES BEACH – Some Manatee County commissioners may have given up on the fight to save more than 80 trees planned for destruction at Kingfish Boat Ramp, but city officials and residents hope the discovery of an active great blue heron nest in one of the trees will change minds.

County Commissioner Carol Whitmore led the fight during a recent meeting to save the pines and palms slated for destruction or relocation at Kingfish as part of planned renovations at the popular park. However, Commission Chair Kevin Van Ostenbridge said that he didn’t think saving the trees is a fight that commissioners can win with the renovation plans already at 100% completion and a fall 2023 deadline for finishing the project looming.

Concern grows over Kingfish bird nests
Two great blue herons are believed to have at least one fledgling in an active nest perched in the branches of an Australian pine at Kingfish Boat Ramp. – Submitted | Jean Bystrom

Of the 120-140 trees in the park, more than 80 are planned to be removed or relocated to make way for more parking. All of the Australian pine trees, which provide shade along the shoreline and a place for birds to nest, are slated for destruction. As of May 28, dozens of trees at the boat ramp had been marked with caution tape, indicating they are to be removed, though no timeline for the removal was available as of press time for The Sun.

Some are hoping that the discovery of an active bird nest in one of the Australian pines will spur state representatives to halt the destruction of the trees and accompanying picnic area.

While Australian pines are considered an invasive species by the state of Florida, great blue herons are a protected nesting bird species, meaning that while an active nest is located in one of the pines, that tree cannot be disturbed. However, once fledgling herons leave the nest, the tree can be taken down under current regulations. With more and more trees that provide nesting areas for birds being demolished, some area residents are hoping that the nest will be enough to save the trees from the woodchipper.

Concern grows over Kingfish bird nests
All of the shade trees lining the picnic area at Kingfish Boat Ramp are marked for removal. – Kristin Swain | Sun

Holmes Beach Mayor Judy Titsworth sent an email to county commissioners asking them again to reconsider the plans for Kingfish and to involve city leaders in any future design plans. Though Kingfish is located in the city of Holmes Beach, it is a county-owned and maintained facility.

During a May 24 city commission meeting, Titsworth said that several of the trees are planned for demolition to make room for a trolley stop to accompany a 100-foot pier that may eventually be a stop for a water taxi, though county leaders have not applied with the city for a change of use for the property. She said that she’d sent photos of the nesting herons to state representatives with the hope that they will step in to halt the destruction of the trees. Florida Fish and Wildlife Commission representatives have documented several great blue heron nests in the trees at Kingfish, many with fledglings, she added.

“I think we can be better than that,” she said of the planned tree removal.

Titsworth said the county’s renovation plans will have to go through the city’s planning commission approval process before permits can be issued. She added that if permits are approved, a note will be added that any change of use on the property, such as the addition of a water taxi stop, will require Holmes Beach Commission approval.

Resident Joe Arena said in an email to The Sun that he and his family are saddened by the planned destruction of the picnic area. He said that he and his wife have spent a lot of time relaxing at the picnic tables, enjoying the shade and bird watching.

Area resident Teal O’Fee said she hopes that county commissioners will listen to the concerns of their constituents over the destruction of the trees and nesting area and change course. She said she’s hoping more people will lend their voices to the cause and that a solution can be found to preserve the area.

As of press time for The Sun, no specific opportunities for public comment on the Kingfish renovations was scheduled with Manatee County commissioners, however, all commission meetings are open to the public and offer a public comment opportunity on any topic of concern.

The next county commission meeting is scheduled for Tuesday, June 7 at 8:30 a.m. at the Manatee County Government Administration Building, 1112 Manatee Ave. W. in Bradenton.

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Kingfish renovations make room for water taxi

 

Trees get the ax in Kingfish renovation plans

Beachgoers unite, sue for access

Beachgoers unite, sue for access

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

HOLMES BEACH – With beachgoers filing a lawsuit Friday against the property owners on 78th Street who closed a beach access point, the Real Island Podcast team took to the airwaves Sunday in hopes of helping both sides find an amicable solution.

Podcast hosts Abigail Nunn, Dick Gordon and Brian Blaine hosted a special live broadcast from the beach at 78th Street, just in front of the now-closed access path, to give people on both sides of the issue a platform to have their concerns addressed.

Though no solutions to the dispute are on the horizon, area residents and representatives of the property owners did get to air their grievances in a neutral environment.

Matthew Carmon, whose family owns 103 and 105 78th St., said his mother, Linda, purchased her home because of its proximity to a beach access point. With his mother on full-time oxygen therapy, Carmon said the closure of the path has greatly reduced her ability to enjoy the beach and that walking to another street to get to the sand isn’t an option for her.

Linda Carmon is one of three named plaintiffs in the lawsuit against the property owners at 100 and 101 78th St. which alleges that neighbors and the public have a right to use the path. The other plaintiffs are 107 78th Street Investments LLC and Minh N. Vu.

The issue arose in late April when a long-used path to the beach at the end of the street was closed to public use without notice. Residents who had been using the path for beach access were met by no trespassing signs and an off-duty Holmes Beach police officer at the street side entrance to the path. When they protested the sudden change, city leaders looked into the issue and discovered that the beach access path is located on privately owned property, leaving Mayor Judy Titsworth and city commissioners unable to reopen the path to the public.

While there was once an easement on the property for a walkway, as of 2014, the easement had disappeared from the deed for the property at 101 78th St., owned by Travis Resmondo and Bryce Raub. After consulting City Attorney Erica Augello, Titsworth said that the easement that was on previous deeds for the property did not specify who the easement benefited, making it possible for the owners to close it to the public.

In the lawsuit filed May 20 in Manatee County Circuit Court, the plaintiffs allege that the closure of the beach access path is in violation of two existing 10-foot walkway easements on the properties at 98 and 99 78th St. The two lots are unbuildable with dunes and other native vegetation. The property at 98 78th St. is owned by the Oceana Condo Association while the 99 78th St. lot is owned by Resmondo. Attorney Fred Moore, representing the plaintiffs, notes that the beach access path starts on Resmondo’s property before traversing the condo association’s property and ending on the beach.

Plaintiffs allege that the closure of the beach path has adversely affected their enjoyment of their properties as well as devalued their properties. All three plaintiffs note that their properties are used for vacation rentals and that rentals of their properties have also been adversely affected.

In addition to starting a petition on Change.org to restore the beach path to public use, which had garnered more than 700 signatures as of press time for The Sun, neighbors have set up a GoFundMe page for donations for legal fees. For more information on the neighborhood movement, visit www.savethebeachaccess.com. To view a recording of the podcast, visit www.facebook.com/realislandpodcast.

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Battle for beach access continues

 

Neighbors clash over beach access path

Kingfish renovations make room for water taxi

Kingfish renovations make room for water taxi

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

HOLMES BEACH – City and Manatee County leaders aren’t seeing eye to eye on the county’s renovation plans for the Kingfish Boat Ramp, where one vision includes a water taxi stop.

Responding to allegations that she would delay the issuance of building permits for the project, Holmes Beach Mayor Judy Titsworth released a string of emails between herself, Manatee County Commissioner Carol Whitmore and County Administrator Scott Hopes. The emails put Titsworth on record as stating that she could not delay the issuance of permits.

They also show that Hopes said an unexpected use at the boat ramp is being planned for – the future dockage of a water taxi service.

In a joint meeting earlier this year of city and county leaders, the potential for a water taxi service to Anna Maria Island from the mainland was mentioned. During that meeting, Titsworth noted that Holmes Beach does not have a place for a water taxi to dock, unlike the cities of Anna Maria and Bradenton Beach, which both have large bayside piers located within walking distance of those cities’ primary business districts.

At that meeting, she said that if county leaders want to pursue a water taxi site in Holmes Beach, the only place she could see with the potential for a dock site would be Kingfish Boat Ramp. She noted that the boat ramp is located several blocks from Manatee Beach, which could make taking the water taxi less attractive for beachgoers who bring a lot of gear for a day on the sand.

In the email conversation, Titsworth responded to the allegations made on the dais during a May 17 county commission meeting and said that she and the city’s staff fully support eliminating four to five parking spaces to allow more than 20 shade trees and the picnic area to remain intact at Kingfish.

In response, Hopes said that the county intends to use Kingfish as a stop for a future water taxi service, making the area that’s now a picnic spot a possible beach trolley stop for transportation to the public beach. The May 18 email goes on to say that the water taxi vendor the county is considering is incorporating Kingfish as the Holmes Beach service stop.

In her response, Titsworth asked whether a different trolley stop location could be considered, how many boaters could be displaced by the addition of a water taxi service at Kingfish and when city commissioners could expect to see a proposed site plan showing the new use at the park.

Hopes responded that the site plan already under consideration by staff with the Holmes Beach Building Department was valid, though it doesn’t include a water taxi, and asked that the permit applications for construction at Kingfish be processed as already presented.

Because Kingfish has a recreational zone, if a water taxi is to be brought to the park it will require an updated site plan to be brought before Holmes Beach commissioners for consideration to allow a change of use for the boat ramp. A dock to accommodate the water taxi also will have to be permitted for construction.

Related coverage

 

Trees get the ax in Kingfish renovation plans

Battery victim’s family grateful to AMI

Written by SUN contributor on . Posted in Letter to the Editor, Opinion.

Referring to the incident that happened on Wednesday, March 23, 2022 with Evan Purcell: As horrific and traumatic as it was for everyone, including Evan and the family, we would like to thank everyone for the love and support that was shown in the month of March and after the incident.

In a world with many other issues, good and bad, everyone came together. We cannot thank everyone enough for the amount of support Evan and our family received, including the Gofundme fundraiser, the Holmes Beach Police Department, the Sarasota Police Department, the HCA Florida Blake Hospital Surgical Team/Nursing Team staff, media shares and the countless meals that were brought to us. The list of support is extensive.

As Evan continues to heal, we appreciate your thoughts and prayers. This isn’t an everyday occurrence on Anna Maria Island, but having a strong community within makes you truly appreciate where you live.

Thank you, everyone!

Much love,

The Purcells

Holmes Beach

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Castles in the Sand

Are you noticing the mortgage interest rates?

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

My April 20 column was titled “The end of an era,” the era being one of ultra-low mortgage interest rates. In that column I reported that the current average mortgage interest rate was 4.72%, a rate that was probably already a week old.

Now, only a month later, the average interest rate is 5.42%, likely hovering just above 6% after the most recent Federal Reserve rate hike of half a percent. When the rate hit 5.27%, it represented a 13-year high.

So far, the country in general has not seen a slowdown of the surge in home prices, according to the National Association of Realtors. Quite the contrary, many buyers are trying to lock in purchases before the rates climb even further, which Realtors can guarantee they will, continuing to push selling prices up and up.

So, what does the average potential home buyer do in this real estate environment? Mortgage interest rates are going up almost weekly. Inventory is being depleted with everyone rushing into the market before the rates go up even more. Sellers are taking advantage of the increase and the anxiety of buyers to do tough negotiating and/or increase their asking price.

Many buyers are just dropping out, renewing their leases, moving in with family and waiting for the insanity to end. Others who can afford it aren’t giving up. Some are opting to pay fees to secure lower rates in the form of rate lock-in agreements. It’s not unusual for the typical 60-day lock-in to expire before the buyer finds a property, putting them in the position to extend the lock-in, costing – of course – more money. Others are adding cash into the transaction so they can qualify for a lower mortgage amount making up for the higher rates.

In addition, adjustable-rate mortgages are starting to come back starting under 4% for now. This new generation of adjustable-rate mortgages are more closely regulated than the ones that helped to create the financial crisis. At that time, low teaser rates attracted buyers and then after a year or two went up so high many homeowners couldn’t afford the increase. Now lenders can’t offer short-term rates and lenders are required to have caps on how much the rates can increase. Nevertheless, borrowers still need to be careful when going into a variable rate mortgage, since not knowing what your mortgage rate will be down the road is still a risk.

Most real estate economists still think that home prices will come down by the end of the year because of the higher mortgage interest rates. However, all real estate is local, and Manatee County is such a specialized area with a high percentage of cash buyers, increasing mortgage rates will have less of an effect.

Even if you’re not in the market for a new home, increasing rates influence the entire real estate market. It’s important to pay attention to the rate increases which could at some point have an impact on the value of your home proving the economists right.

At the end of 2021, the average rate on a 30-year, fixed-rate mortgage was 3.1%; by the time this column is in print it could very well be at 6%. It appears mortgage interest rates keep creating new eras every couple of months, enough to make a homebuyer’s head spin.

Trees get the ax in Kingfish renovation plans

Trees get the ax in Kingfish renovation plans

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

MANATEE COUNTY – Plans are underway to make significant changes at the Kingfish Boat Ramp in Holmes Beach, but those improvements are coming at a significant cost, namely the removal of a well-used picnic area and many of the park’s trees.

The project’s technical expert Tom Yarger answered questions from county commissioners about the renovation plans during a May 10 meeting. He said that there are approximately 130-140 trees at the boat ramp. To make space for additional launch lanes and parking that will be lost when the Anna Maria Island Bridge is eventually replaced, a lot of those trees will have to go.

Yarger said that 41 trees will be removed and 82 will be relocated. He did not state where those trees would be relocated. The trees are Australian pines that have been at the boat ramp for decades though they are not protected under Florida law and are considered a non-native species.

To accommodate the extension of the seawall at the boat ramp, not only will trees that provide shade along the waterline have to be removed, but a popular picnic area will be lost.

Commissioner Carol Whitmore, a Holmes Beach resident and former mayor of that town, said she couldn’t support the removal of the trees or picnic area and she also didn’t support paving the parking area.

Commissioner Kevin Van Ostenbridge said he was concerned about the removal of the trees, but he was more concerned about the paving and asked if it would be possible to replace the planned pavement with crushed shell.

County Administrator Dr. Scott Hopes said that commissioners could request a change order to determine if replacing the pavement with crushed shell would be a feasible option, but he felt it wasn’t an issue of major concern and that it was easier to launch boats on concrete than a softer surface, like crushed shell.

Van Ostenbridge said that he and Whitmore had both expressed concerns with the project for over a year and he felt that county staff was pushing the project through without addressing the issues with paving and tree removal.

“That is completely on you,” he said, addressing county staff members. “I’ve been saying I have an issue for over a year. Remember, we write the checks around here. You cash them.”

Though Whitmore said she didn’t know until the May 10 meeting that design for the improvement project was already 100% complete and that she had repeatedly asked county staff to put the Kingfish renovation on a work session agenda with a full presentation for commission discussion. She added that she was surprised to receive an email from Holmes Beach Mayor Judy Titsworth stating that a permit for construction at Kingfish had been applied for through the city’s building department. Whitmore went on to say that Titsworth had asked about the planned tree removal. When Whitmore said that she didn’t believe Titsworth would sign off on the needed construction permits due to the number of trees being removed at Kingfish, Hopes said that if Titsworth delays the permits, he would be prepared to file legal action against the city of Holmes Beach in a bid to force city leaders’ hands to issue the permits.

Hopes said that to reduce the number of trees planned for removal would require an entire redesign of the renovation project, which could cost the county a permit issued from the Florida Department of Environmental Protection to complete the planned improvements. He stated that the FDEP permit had been issued once for a five-year period for renovations at Kingfish and been extended for another five years, expiring in November 2023. He said he doesn’t believe the department would give another extension on the permit if renovations were delayed any further.

“We’re out of time,” Hopes said.

Whitmore, along with some of her fellow commissioners, stated that if the matter was of such urgency, she didn’t understand why it was just now being addressed and at her request, not through a staff presentation. Yarger said that typically projects like the Kingfish renovation don’t require commission approval of the design until much later in the process when a contract comes before the board for construction.

“It’s wrong what we’re doing,” Whitmore said, adding that she wouldn’t support removal of the trees or paved parking at Kingfish. She also said she didn’t support taking legal action against the city of Holmes Beach if the issuance of permits was delayed.

Permit applications for construction at Kingfish are still under review by Holmes Beach building department staff as of press time for The Sun.

Van Ostenbridge said that while there might be a road to remove paving from the renovation plans, he felt that there was no way to win the battle for the trees at Kingfish. He proposed a motion to have staff bring back a change order for consideration to remove paving from the design plans, which passed with a 4-2 vote.

Beach parking meeting reaps results

Beach parking meeting reaps results

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

HOLMES BEACH – Leaders from state, county and city governments are coming together to find solutions to ongoing public parking and beach access issues on Anna Maria Island.

Holmes Beach Mayor Judy Titsworth hosted a May 4 meeting with participants including Bradenton Beach Mayor John Chappie, Anna Maria Mayor Dan Murphy, Manatee County Commissioner Kevin Van Ostenbridge, Florida State Sen. Jim Boyd and Florida State Rep. Will Robinson. While the meeting was closed to the public and press, Titsworth shared what was discussed and the ways that participants are working together to address beach access issues, particularly in Holmes Beach.

Titsworth agreed that city leaders and staff would publish a new parking map to identify areas in the city where beach parking is available, including at the county-owned public beach and along residential city streets. She also said that city staff would physically mark all beach access parking spots to make them easily identifiable.

City leaders also said they will reach out to area churches to see if they’re interested in opening their parking lots for use by beachgoers and, if so, assist them through the process to get any approvals needed from city commissioners. A suggestion was made during the meeting that Manatee County leaders provide portable restrooms and trash receptacles at any parking lots offered for beach parking to assist in keeping them clean and providing needed amenities for beachgoers.

At the suggestion of Boyd, Titsworth said city leaders will look at the Holmes Boulevard corridor to see if there is any opportunity to safely add more parking without creating a hazard for the pedestrians and bicyclists who often use the road.

Van Ostenbridge committed to looking further into the possibility of building a parking garage at the public beach and submitted a proposal to city commissioners for the project. Since a parking garage is not an approved use in the recreational zone, the project would need two public hearings along with consideration by the Holmes Beach Planning Commission to add the use to the zoning district. If an increase in height limitations in the city is required for the parking garage proposal, it would have to be approved through a charter amendment by Holmes Beach voters before permits for construction could be issued by the city building department.

Another project that Van Ostenbridge agreed to work on is reviewing all public beach access points in the community and determining if they can be acquired through eminent domain for the benefit of the county. He said he’s identified four beach access points with existing easements and wants to avoid conflicts like the one ongoing at 78th Street in Holmes Beach. Private property owners recently closed a long-used beach access path at the end of the street without notice to area residents, stating that the path is located on their private property and an easement that previously existed on the property is not enforceable.

City Attorney Erica Augello said that the easement on the 78th Street property for the path does not specify who the easement benefits and therefore cannot be enforced for public use.

Chappie asked Boyd during the meeting to look into broadening the use of tourist tax funds to see if they can be used to fund infrastructure and safety needs in the Anna Maria Island cities. Right now, those funds can only be used for projects benefitting tourism, such as the creation of a park.

Titsworth asked that state leaders consider giving a percentage of the bed tax funds back to the cities directly rather than restricting the use of the funds through the tourist tax program.

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Battle at Bali Hai continues

Battle at Bali Hai continues

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

HOLMES BEACH – Special Magistrate Michael Connolly ruled in the city’s favor in two code compliance cases against the owners of the Bali Hai Beach Resort, but attorney Louis Najmy says the fight’s not over.

Closing out an April 26 code compliance special magistrate hearing were two cases involving Bali Hai – one for having more units than allowed and another for renting electric low-speed vehicles on the property.

The first case involved renting GEM cars on the property without the rentals being an approved use under the site plan. Representing the resort’s ownership, including majority owner Shawn Kaleta, Najmy said that while the GEM cars are on the property at any given time, they are not rented by the resort. Instead, he said, they’re owned and rented through a third-party affiliate business, AMI GEM Cars, and he provided communication from the owners stating that they’re not otherwise involved with Bali Hai.

After looking at documentation from code compliance officers showing that the cars were available for rent through the resort’s front desk, Connolly ruled that the resort’s owners cannot rent or store the cars on the property and they cannot advertise them for rent through Bali Hai. He did acknowledge that if a guest of the resort has rented a GEM car and it’s parked on the property that it would not be a violation.

The resort’s website has since been updated to reflect that GEM cars are available but are rented through AMI GEM Cars, not Bali Hai.

The second case, concerning the existence of a non-permitted 43rd unit on the property, caused Najmy to ask Connolly to recuse himself, saying that he feels the special magistrate is biased against his client, Kaleta. Connolly said that he’s sorry Najmy feels that way but if the attorney puts his concerns in writing he’d have to consider it.

After hearing statements from code officers along with City Planner Bill Brisson, Connolly ruled that the resort’s owners are in violation of city codes, having one unit over the maximum of 42 that Bali Hai is grandfathered to have. While the various building plans presented by city staff and Najmy showed the unit in question as a rentable unit on some and a flex space without sleeping quarters on another, staff noted that they had observed the unit to have sleeping accommodations. Najmy argued that while the unit does exist, it’s used as a backup in case one of the other 42 units is in need of repairs and is unable to be rented. He said the resort never rents more than 42 units at a time.

City Attorney Erica Augello said it doesn’t matter if the resort only rents 42 units at a time; having a 43rd unit available puts the resort over its maximum density because of the ability to rent 43 units.

Connolly ordered that the resort’s owners come into compliance by removing the 43rd unit on the property and provide documentation to the building official proving that there are only 42 units available on the property.

The battle over uses at Bali Hai isn’t ending with the special magistrate hearings. Several cases are pending in Manatee County court appealing Connolly’s rulings against the resort owners and the site plan approval granted by Holmes Beach commissioners restricting uses on the property.

As of press time for The Sun, no hearings were scheduled in any of the pending cases.

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Special magistrate postpones rat case

Special magistrate postpones rat case

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

HOLMES BEACH – Residents – one with a rat problem – expressed their disagreement with two of Special Magistrate Michael Connolly’s rulings during a late April code compliance hearing. Lois Huntington objected to the postponement of a case concerning whether or not a home at 2918 Gulf Drive meets minimum property standards, saying she would not be able to attend the subsequent hearing.

Huntington said she believes the Gulf Drive home has been abandoned for about 10 years and does not have basic utilities such as electricity and water turned on. She said that at her home, which backs into the property, she’s had severe issues with rats due to neglect at the property. The abandoned fruit trees on the property feed the rats, which come over to her home and have to be removed from her home, pool and car, she said.

The property is owned by Jeanette Heider and her daughter, who requested that the hearing be postponed until May 18 so that she is able to attend, due to her mother’s advanced age. Connolly granted the continuance and agreed to take Huntington’s statement into consideration when ruling on the code compliance issues at the Heider property.

Another case that didn’t sit well with residents was the variance request of Jerry Hepler for his property at 3104 Avenue E. Hepler said he submitted plans to the city’s building department to demolish the existing home and half of the garage, addressing a non-conformity on the property. The garage, built in 1946, was constructed across the property line and is shared with the owner to the rear of the Avenue E property.

After Connolly ruled in favor of Hepler, granting the variance to allow him to build a new home on the property and demolish his half of the existing garage, nearby property owners took to the podium to speak, with several speaking against Connolly granting the variance.

Connolly told the assembled residents that Hepler had met all of the conditions outlined in the city’s codes to be granted a variance, therefore the variance legally should be granted.

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Battle for beach access continues

Battle for beach access continues

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

HOLMES BEACH – As residents on 78th Street fight beachfront property owners for the right to walk a path to the beach, city leaders say that because the path is located on private property, they can’t get involved.

Commissioners addressed the issues broiling between neighbors during comments at their April 26 meeting, where Mayor Judy Titsworth and city attorney Erica Augello gave an update on the situation.

Titsworth said that while a Holmes Beach police officer was stationed at the disputed beach access over the April 22-24 weekend, the officer was off-duty and working privately for property owners Bryce Raub and Travis Resmond at 101 78th St., despite being in uniform and using an HBPD vehicle. She added that she discussed the issue with Chief Bill Tokajer and the two decided it would be more beneficial for residents and visitors alike to have a local officer with jurisdiction in the city to guard the path against trespassing instead of a security guard unfamiliar with Holmes Beach. Titsworth said she felt an HBPD officer might have more compassion toward members of the public trying to use the path.

Battle for beach access continues
Workers install plants April 23 to block access to a beach path on 78th Street. Chief Bill Tokajer and Mayor Judy Titsworth said the plants were not installed by city workers. – Submitted | Rose Mary Patterson

The fight between neighbors started in mid-April when Raub and Resmond closed a long-used access path which stretches along their property from the end of 78th Street to the beach. While an easement was recorded on the property for the path, Augello said that the easement language doesn’t specify who it benefits, giving the property owners the right to close the path to the public, including their neighbors, some of whom have stated they’ve used the access path for decades.

While neighbors are protesting that they have a right to use the path due to how many years it has been open to the public, city leaders say they can’t get involved in the dispute, though they are keeping up with the issue as it develops.

Resident Nancy Gilchrist, who lives on 78th Street, says she feels the issue is larger than just one street. If private property owners are allowed to close a beach access path on one street, she asked commissioners what was keeping other owners from doing the same on their streets

Looking at Holmes Beach street design records, she said 78th Street, which was platted in 1946, was shown on the plans to end at the western edge of the beachfront properties at 100 and 101 78th St. For some reason, she said the street was stopped at the eastern edge of the properties, resulting in the beach access path being on private property instead of located in a city right of way.

Gilchrist also questioned the ownership of two westward platted lots, 98 and 99 78th St. She said she was unable to locate any records identifying who owns those lots, located fully on the sand on the beach, and asked commissioners to look into the issue.

Commissioner Carol Soustek agreed to have Augello look into the ownership of those two properties as well as the right of way issue.

While Gilchrist acknowledged that Raub and Resmond, who are not full-time residents of Holmes Beach, have issues with vagrants and the public trespassing on their property, she said she doesn’t feel that those issues are substantial enough to warrant closing the beach access path to everyone.

Augello maintained that the city “has no dog in this fight. This truly is a dispute between private property owners.”

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Ugly Grouper expansion planned

Ugly Grouper expansion planned

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

HOLMES BEACH – Commissioners weren’t in agreement on the issue but the Ugly Grouper’s owners will be allowed to increase the restaurant’s seating size.

During an April 26 meeting, attorney Scott Rudacille appeared before commissioners to plead his client’s case for increasing the seating capacity of the Ugly Grouper based on the number of available parking spaces. Commissioners Kim Rash and Jayne Christenson voted against the increase but it passed anyway with a simple majority.

In 2017, the restaurant’s amended site plan was approved by the city commission to include 173 total seats before 5 p.m. and a maximum of 239 seats after 5 p.m. with a limit of 176 outdoor seats. Under the newly amended site plan, the restaurant will be able to have 240 seats at any given time throughout its business hours, with a maximum of 176 outdoor seats. Rudacille said his client is seeking to expand indoor dining options, taking advantage of an adjacent building formerly used for retail and office space. In addition to acquiring the building for the restaurant, he said it also frees up associated parking spaces which were previously only available to the Ugly Grouper’s patrons in the evening.

City Planner Bill Brisson said that between all of the restaurant’s parking areas there are more than enough parking spaces to allow for the expansion of indoor seating. He addressed the issue of a pizzeria being installed at the adjacent former AMI Carwash site and said there are enough parking spaces on the site to allow for both restaurants to use the lot.

In addition to approving the seating expansion, commissioners also approved the replacement and addition of some speakers on the property, with the caveat that they each have independent volume control. They also specified that bollards need to be installed in front of the outdoor seating area to better protect patrons from drivers, a suggestion made by the city’s building official.

While some residents stepped up to speak in favor of the restaurant’s growth, noting its appeal to visitors and family-friendly atmosphere, other residents asked commissioners to reconsider approving the amended site plan.

Margie Motzer, who lives near the Ugly Grouper, said she’s concerned about the restaurant being so big, covering five parcels and continuing to grow. She said in addition to being concerned about an increase in noise in the adjacent residential neighborhood, she’s also worried about the expansion causing more traffic and creating an unsafe situation for people traveling along Marina Drive. Resident Nancy Deal added that she’s also concerned about the potential increase in traffic around the restaurant, with the mix of transportation types using Marina Drive.

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