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County commissioner hopes to pave more of paradise

County commissioner proposes beach parking garage

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

HOLMES BEACH – Manatee County Commissioner Kevin Van Ostenbridge wants a new parking garage to be built on Manatee Beach’s sand parking lot, but the mayor of Holmes Beach so far appears unlikely to sign off on the project.

During a Manatee County Commission meeting last week and in a letter to Holmes Beach city officials, Van Ostenbridge said he would like to look at the possibility of building a parking garage on the county-owned property at the beach at the end of Manatee Avenue to provide more public parking for beachgoers. The garage would potentially be built in the primary parking area in front of the snack bar building at the entrance to the beach on Gulf Drive.

Van Ostenbridge also stated he wants Holmes Beach city leaders to dismantle their permit parking program for residents, opening up more street parking in residential areas for public use. He also has demanded that public beach parking be allowed at the Island Branch Library and Anna Maria Elementary School when those facilities are not otherwise in use. Providing public parking at the school requires permission from the School District of Manatee County and either a special permit or site plan amendment approval from the city of Holmes Beach. Public parking at the county library branch would require an amendment to the lease between the city and county for the land under the building.

If city leaders refuse, Van Ostenbridge said he’d consider refusing to provide beach renourishment funds for the Holmes Beach coastline. However, Manatee County commissioners have limited control over the disbursement of beach renourishment funds, which come primarily from federal and state resources – including the Army Corps of Engineers and the Florida Department of Environmental Protection – and a portion of Manatee County Tourist Development Tax collections.

Though Van Ostenbridge has repeatedly said he would pull beach renourishment funds from the city to try to force Holmes Beach leaders’ hands regarding parking, it could be a double-edged sword for Manatee County, opponents say. Any reduction in beach renourishment could shrink the county’s beaches on Anna Maria Island due to rising sea levels and erosion, potentially reducing tourism to the area and damaging businesses throughout the county. Anna Maria Island generates the majority of tourism funds for Manatee County.

Holmes Beach Mayor Judy Titsworth said a parking garage is not an approved land use in the city and would potentially require the approval of an ordinance to allow the use or a special exception from city commissioners. The parking garage also would have to meet city requirements concerning maximum height (three stories), setbacks, stormwater retention and drainage and other building codes.

Titsworth has said while she’s happy to have conversations with county leaders about parking, she doesn’t feel that Holmes Beach and its residents should bear the majority of the responsibility for providing beach parking for the entire county and its visitors.

While the mayor has mentioned the possibility of the county building a parking garage in past talks concerning beach parking, she suggested building that garage off of 75th Street in Bradenton and using public transportation to get beachgoers to and from Manatee Beach.

Parking program scrutinized

Van Ostenbridge is among those who led the charge against the city of Holmes Beach regarding the public parking available for beachgoers in the Anna Maria Island city. The disagreement between county commissioners and Holmes Beach city leaders has gone on for months, stemming from a decision on the part of city leaders to enact a residential permit-only parking program on some residential streets located next to beach access points following a COVID-19-related shutdown of beach accesses in early 2020.

The permit parking program was planned for several years before becoming a reality and was designed to help lessen the negative impacts of large numbers of beachgoers in residential areas. Some issues that residents reported include people trespassing on their property, damaging property and landscaping, using exterior water hoses and pools without permission and leaving trash and other debris on lawns.

Despite Van Ostenbridge’s claims that city leaders have reduced the number of public parking spots by about 2,000 spaces, Holmes Beach Police Chief Bill Tokajer, who helped implement the parking permit program, said that claim is false.

Tokajer has stated that before the COVID-19 parking closures, which have been lifted, the city had about 2,400 parking spaces, including those at beach access points, public parking areas and along the side of streets within a quarter of a mile of the beach. Now there are 1,261 parking spots that do not require a parking permit and 642 on-street parking spots that require a permit but become available to the public daily after 5 p.m. About 497 on-street parking spots were removed by city leaders in residential areas as a part of the parking changes.

Under an agreement with the county, the city provides many more spaces than the 500 or so that are required to receive beach renourishment funding, according to city officials.

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Holmes Beach leaders and Bali Hai owners face off

Holmes Beach leaders and Bali Hai owners face off

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

HOLMES BEACH – No agreement has been reached concerning the operations of the Bali Hai Beach Resort between the hotel’s owners and the city of Holmes Beach, despite a pending court case, numerous code compliance hearings, fines and a pending site plan amendment approval.

Attorney Louis Najmy, representing the resort’s owners, including local developer Shawn Kaleta, appeared before commissioners on Sept. 15 for a site plan approval hearing. Due to issues with the site plan and a lack of compliance with city regulations, the site plan approval was postponed to the first meeting in October. This would allow the resort’s representatives additional time to work with city staff to create a site plan proposal that meets all of the city’s requirements and determine what action needs to be taken by the resort to come into compliance with city regulations until the proposed site plan for activities on the resort property.

During the Sept. 15 meeting, city commissioners agreed that they were unable to approve the site plan as presented but that they’d rather provide at least a partial approval instead of outright denying the presented site plan and risk going to mediation in the court system. Najmy argued that the site plan as presented has met all of the city’s expressed requirements. He said that his client has not complied with the code compliance order from a special magistrate to cease operations at the restaurant’s bar and lounge, obtain after-the-fact permits for construction work done and cease operations at an installed spa or cease holding special events at the resort. His reasoning for the non-compliance is that he thought his client should be able to continue with operations as-is until a site plan was approved and then the resort’s operations would have to come into compliance. City commissioners said that was not the case and that compliance has to be achieved and fines paid before the resort would be considered to be operating in good faith.

Najmy said he believes the $1,000 per day fine currently in force against the resort due to non-compliance with city codes was enacted erroneously and he is contesting it.

The issues between the city and the Bali Hai go back over a year to when work was done at the resort without permits from the Holmes Beach building department and a bar and spa were opened on the property for guest use without an approved site plan for the change in use.

The work done on the property includes installation of railings on the second floor of the resort, the demolition of an owner’s unit on the second floor of an accessory building and a storage room on the bottom floor of the same building, the conversion of those spaces into an office and bar/lounge area and the conversion of a resort laundry facility into a spa.

On behalf of his clients, Najmy argued that the resort’s owners do not need site plan approval from the city to open a bar/lounge on the property. City Planner Bill Brisson said he can find no record that a bar/lounge was ever approved for the site, meaning that a site plan approval from city commissioners is required for the amenity to operate legally within Holmes Beach city limits.

Najmy said that his client is seeking to operate in good faith with the city, though commissioners pointed out that his client is still operating the resort in violation of city regulations.

City Attorney Patricia Petruff said that there can be no approval of the site plan without the resort’s owners being willing to first come into compliance with city regulations. She added that a path forward needs to be determined to bring the issue to a conclusion before the courts truly get involved.

Though there is a court case pending in Manatee County Circuit Court, a hearing was not scheduled as of press time for The Sun.

The site plan is scheduled to come back before commissioners on Oct. 12.

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Legal issues put a damper on wedding plans

 

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Rash triumphs in state investigation

Rash triumphs in state investigation

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

HOLMES BEACH – At the conclusion of a four-month-long investigation by the State of Florida Commission on Ethics, Commissioner Kim Rash is breathing a long-awaited sigh of relief.

Rash was accused of violating a section of the Florida Constitution by his former neighbor, Anastasios “Tosh” Tricas, in early May. Among other things listed in a May 1 complaint filed with Holmes Beach police following a noise complaint at Rash’s Holmes Boulevard residence, Tricas accused Rash of abusing his position as a city commissioner by stating that he did not have to comply with laws and regulations because city departments and staff members “work for him.” A hearing held Sept. 10 in Tallahassee found that there was no probable cause to substantiate the claims made by Tricas, and his complaint against Rash was dismissed.

Rash

With the conclusion of the investigation comes a measure of peace for Rash and his family. In speaking with The Sun, Rash said the accusations against him and the following investigation caused a tremendous amount of stress for his family, who supported him throughout the entire process. Unable to discuss the investigation until it officially concluded, Rash said that without the support of his wife, Theresa, and daughter, Melissa, the situation would have been unbearable. Now, he’s just happy to have the hearing and investigation over with and to publicly be cleared of the accusations.

“I’m just happy it’s over,” he said, adding that he can now move forward in his duties as a commissioner with a renewed focus on the residents he represents.

In a written statement, Rash said he wished taxpayer funds could have been put to better use than investigating the claims made by Tricas.

“I believe the unfounded allegations against me by my former neighbor, Tosh Tricas, were the result of retaliation following my family’s decline of the Tricas’ request for a shared pool,” Rash said in the statement. “Electronic and photographic evidence, as well as testimony from direct witnesses, show that allegations submitted by Mr. Tricas to the Florida Commission on Ethics were fabricated. I demonstrated, item by item, with a wealth of documentation that each of Mr. Tricas’ allegations were categorically false. I fully cooperated with this investigation and was 100% confident that there would be a full exoneration of these false and damaging allegations.”

Rash said he feels the issues between himself and his neighbor began when Rash had a pool installed on his side of the duplex lot the two shared until Tricas sold his side of the building in late June. Rash said Tricas and his family wanted to go in on the pool so that it would be shared with the two units. For resale purposes, Rash denied the request, putting the two neighbors at odds. When Tricas sold his side of the duplex, plans were shown on the listing for a courtyard pool that could potentially be installed on his property, however, Holmes Beach building records show that no one applied for permits for that pool.

Tensions between the neighbors came to a head early in the morning of May 1 when officers responded to the Holmes Boulevard property just after 6 a.m. to a noise complaint. Tricas said a stereo left playing in Rash’s living room while that family was out of town was disturbing his neighbors for a few days before calling the Holmes Beach Police Department to report the noise.

Videos from Rash’s security camera system show HBPD officers, joined at one point by a Manatee County Sheriff’s Office deputy, blocking traffic in front of the residence and walking the property while investigating the issue.

Rash sent a friend over to turn off the stereo and was issued a warning by officers, which would have ended the issue, but Tricas gave a five-page written statement to officers outlining other issues between himself and Rash. It was those complaints that made their way to the state ethics board as Tricas escalated the complaint.

Tricas could not be reached for comment.

With the conclusion of the ordeal, Rash said he’s happy to finally be moving forward and putting this issue behind him.

“Throughout this whole ordeal, I have continued to work and advocate for the residents of Holmes Beach. That is why I was elected, and this has continued to be my focus,” Rash said in his statement. “I am glad I finally have the opportunity to speak so that the residents of Holmes Beach finally know the truth. I am grateful for the support that I have received from so many of our Holmes Beach residents.”

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The Holmes Beach commission race is on

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

HOLMES BEACH – Qualifying is over, and five candidates are entering the race for three open seats on the Holmes Beach city commission with the Nov. 2 election as the finish line.

Commissioners Carol Soustek and Terry Schaefer are the two incumbents hoping to hold on to their spots on the dais.

Soustek

If re-elected, this will be Schaefer’s second term as a commissioner. He was first elected to the city commission in November 2019.

Schaefer

Soustek was first appointed to the commission Nov. 25, 2014 to fill the unexpired term of previous commissioner David Zaccagnino. She was elected to the commission in 2015 and re-elected for two more terms in 2017 and 2019. If re-elected in November, this will be her third two-year term on the city commission.

Joining Soustek and Schaefer in this year’s race are Renee Ferguson and former city commissioners John Monetti and Pat Morton.

Monetti

This is Ferguson’s first attempt at joining the city commission, though she has actively participated in commission meetings and attended meetings regularly as a Holmes Beach resident.

Ferguson

Morton, who served as a city commissioner for 17 years, is hoping for another go at a seat on the dais after losing in 2020 to Commissioner Jayne Christenson.

For Monetti, winning in November would mark a return to the city commission after a nearly 10-year hiatus. Previously, Monetti has served not only on the city commission but also on the planning commission.

Morton

Commissioner Jim Kihm, whose term also expires in November, opted to not run for a third term as commissioner.

In an Aug. 27 email to his fellow commissioners and The Sun, Kihm said that he had decided not to run for re-election due to personal reasons.

“Today I am announcing my decision not to see re-election as commissioner for the city of Holmes Beach for personal reasons,” Kihm’s email reads. “I have enjoyed serving the people of Holmes Beach over the past four years and I feel that I am leaving the city in good hands as I finish out the rest of my current term. I would like to thank all the voters for putting their trust in me and electing me to serve them. I have made every effort to serve to the best of my ability.”

Kihm

City commissioners serve two-year terms on the dais. When Holmes Beach voters cast their ballots in November, the top three vote-getters will take the open commission seats. Voters are allowed to support up to three candidates at the polls, one for each available position.

With a five-person city commission, the coming election may prove to be very important for the future of Anna Maria Island’s largest city as most ordinances and resolutions require only a simple majority of three votes to pass or fail commission approval. A large change in the commission lineup could potentially mean big changes for how the city is governed.

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egal issues put a damper on wedding plans

Legal issues put a damper on wedding plans

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

UPDATED Aug. 30, 2021 at 12:05 p.m. – HOLMES BEACH – A local couple whose wedding plans were ruined by the Bali Hai Beach Resort was rescued by Island restaurateur Sean Murphy, who has offered them a wedding venue at one of his properties.

City Commissioner Terry Schaefer contacted Murphy after Bradenton couple David Naeher and Natalie Schofield appeared before commissioners on Aug. 24 to plead their case, hoping the city would approve their application for a special event permit to have their wedding on the beach in front of the Bali Hai.

Unknown to the couple, the resort – which advertises itself as a wedding venue – is not allowed to host weddings due to city permit violations.

Commissioners did approve the ceremony on the sand to take place pending a parking plan review by Police Chief Bill Tokajer, but gave the couple the bad news that their Oct. 16 reception cannot take place at the resort.

Ordinarily, Mayor Judy Titsworth said she would be able to approve or deny a special event permit, however, with the ongoing legal issues with the host resort, she felt it needed to come before commissioners.

City leaders’ issues with the Bali Hai and its ownership extend back for more than a year to when work was done on the property without permits and a bar and spa area were opened on the property without permits and an approved site plan amendment for the new uses at the resort. The resort’s owner, local builder Shawn Kaleta, is being fined $1,000 per day in code compliance fines and the site plan changes are outstanding. Titsworth said the site plan proposal is scheduled to come back before commissioners for discussion on Sept. 15.

Without an approved site plan or the proper permits and a pending court case in Manatee County Circuit Court, commissioners said that while they feel for the couple, they can’t approve any wedding events taking place at the Bali Hai. In addition, during a previous public hearing, attorneys for the Bali Hai said the resort would not be hosting weddings or seeking to host them in the future. In stark contrast to that statement, the Bali Hai’s website features a wedding planning page featuring events at the resort for up to 150 guests.

Grateful to Murphy, Naeher and Schofield both expressed their disappointment and anger at Bali Hai.

Schofield said she’s upset the resort sold her a wedding package that it wasn’t legally able to deliver. Now, she said, she has seven weeks to figure out what to do about the wedding and guests and has lost time that could be used to plan if they had found out up front that their reception couldn’t take place at their chosen venue.

Naeher said that when their application for the wedding was submitted to the city in July, he was told the reason it was denied was the lack of a parking plan for their 100 guests, something he thought could be easily remedied. Instead, while commissioners were willing to consider the wedding ceremony on the beach, an application for the reception, which would need to be submitted to the city for approval by representatives for the Bali Hai, would not be approved.

Commissioner Jayne Christenson said she thinks Bali Hai would go through with hosting the wedding reception whether it’s approved by commissioners or not.

If the wedding reception went forward at Bali Hai, the couple could end up with police officers or code compliance officers at their celebration and a fine being issued if there’s a noise complaint from nearby residential neighbors and a fine for the resort for hosting an event that’s not allowed to take place on the property and without a special event permit.

Titsworth said the court case is progressing as quickly as it can through the legal system and that the city will not give up the fight to bring the resort into compliance with city regulations.

Related coverage

 

Bali Hai legal dispute continues

 

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Changes come to noise ordinance

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

HOLMES BEACH – City leaders are once again modifying the Holmes Beach noise ordinance in a bid to try to reduce excess noise in residential areas.

Commissioners voted unanimously on Aug. 10 to pass the first reading of an amendment to the city’s noise ordinance that adds language defining the term “plainly audible” and requires any mounted speakers to be pointed toward the home where they’re located instead of toward neighboring properties.

When considering the updates to the noise ordinance, commissioners sought the advice of attorney Erica Augello, who represents the city on code compliance matters.

Augello advised commissioners to remove language from the proposed update to the ordinance that would give officers too broad a reach when determining who the offender is in a noise violation. She said the proposed language would be unenforceable because it basically includes everyone in any way associated with the noise, from the person turning up the volume on a stereo to the company that made the speakers.

Another issue she found with the proposed ordinance changes was in the speaker direction specification. After some discussion, commissioners agreed to go with language that specifies that mounted speakers have to be pointed inward toward the property where they’re being used. Augello said specifying all speakers need to be pointed inward toward the property creates an enforcement issue because some speakers are portable and have a 360-degree shape, meaning they amplify sound on all sides. She added that it also becomes an issue for officers responding to a noise complaint in that they cannot enter a property to check the placement of speakers unless allowed on the property by the occupants.

In the language concerning the addition of the use of “plainly audible” as an enforcement tool for officers responding to noise complaints, the ordinance changes specify that the plainly audible tool can be used during nighttime and early morning quiet hours and that the offending noise must be easily heard by responding officers from a distance of 100 feet from the property line.

Commissioner Kim Rash said he’d like to see that distance reduced to 25 or 50 feet from the property line, however, Augello said it becomes more difficult to defend a case before a special magistrate or in court at a shorter distance. Police Chief Bill Tokajer said officers may be able to hear the noise from a closer distance and can use a different enforcement tool, such as the seven standards already in the ordinance for determining if noise is too loud or not.

Commissioners also agreed to have city staff look into a way that noise nuisance properties can be dealt with in a way other than fining different short-term vacation renters each week.

Commissioner Jayne Christenson said just fining a different group of renters each week will not change the overall behavior at rental homes.

The proposed changes to the noise ordinance will go back before commissioners for a final vote and a second public hearing during an upcoming regular meeting.

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Structural issues lead to new inspection regulations

Structural issues lead to new inspection regulations

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

HOLMES BEACH – City staff members are planning to present a proposed ordinance setting building inspection regulations to help identify structural issues before they become a hazardous situation.

Director of Development Services Eran Wasserman spoke to commissioners about the process for developing the proposed building inspection regulations during an Aug. 10 work session. Wasserman said he’s working with Building Official Neal Schwartz to create an ordinance to present to commissioners in the next 30 days outlining which structures will need to be inspected, how those inspections will need to be conducted and by whom and how often inspections need to be scheduled to recertify a property as safe.

The documents being used to help draft those standards are the ones required by Miami-Dade County, though Wasserman said the plan is to have stricter reinspection standards in Holmes Beach, including less time between inspections.

Commissioner Jim Kihm said he’s spoken to Schwartz, who’s talking with building officials from Anna Maria, Bradenton Beach and Longboat Key while drafting proposed standards for Holmes Beach.

Another consideration when deciding what regulations commissioners will want to enact in the city, Kihm said, would be what fees will need to be charged for the building recertification, if the city will require a third-party inspection before certification can be granted and what the penalty for noncompliance will be.

While the primary focus of the regulations would be multi-family structures, in light of a recent balcony collapse on a single-family structure, commissioners said they’d like to consider requiring anyone with a raised balcony to have their property inspected for structural issues on a regular schedule.

Raised balconies have recently been an issue in Holmes Beach. In recent months, a balcony on the rear of one of the Fountain Head Condominiums buildings, the north building at 3400 Sixth Ave., was reported by a repairman to have cracks in the stucco. In addition, a balcony recently collapsed at a single-family home at 4106 Sixth Ave. No one was injured at either property and both problems have been assessed by independent structural engineers.

The Fountain Head’s sister building at 3402 Sixth Ave., the south building, hasn’t had any reported issues with the structure or balconies, though Schwartz said the condominium association is planning to have it inspected as well to avoid any safety problems. He added that the north building’s balconies will have to be removed and rebuilt for the structure to be deemed safe. The units were built in 1984, according to Manatee County Property Appraiser records. They were used primarily as vacation rentals and were voluntarily evacuated on July 15.

The home at 4106 Sixth Ave. also has been voluntarily evacuated, Schwartz said, and permits have been issued for repairs, which include the rebuilding and shoring up of all balconies on the structure. That home is a part of the Holmes Beach Land Condos/6th Avenue Condominium Association Inc., along with five other structures on Fifth and Sixth Avenues built in 2002 and 2003 by 6th Avenue Development Inc. That company lists Ian K. Perryman as president and was dissolved on March 28, 2007. Holmes Beach building department records show that the builder of the properties in the 6th Avenue Condominium Association was Don Meilner & Son Construction Inc., which was officially dissolved in February 2021.

Schwartz said a letter was being distributed to the owners of all of the properties in the group to inform them of the balcony issues at the one property. The structural engineer’s report on the balcony collapse showed that it was caused by a property maintenance issue and not due to substandard construction methods. Schwartz said the letter was being distributed to put property owners on the alert for any possible issues.

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Mark Platt

Island resident’s skateboard collection is art on wheels

Written by Jason Schaffer on . Posted in Art, Entertainment.

HOLMES BEACH – Walking into the home of Mark Platt, you’ll see amazing, high-quality works of art on every wall, but it’s a little different than anything you will see in local galleries.

Platt has what he claims is one of Florida’s largest and most well-rounded collections of skateboards.

“It all started in the early 70s when skateboarding first began,” said Platt, explaining the genesis of his love for skating and collecting. “It’s just something that I caught on to right away and I really enjoyed doing. I pretty much skated for about 47 years.”

It’s not just skating; Platt has a passion for any board you can ride. He has been an avid surfer for decades and was one of the pioneers of snowboarding.

“I grew up in Michigan and started snowboarding in 1981 when I had to walk up a hill to take a ride when plastic snowboards first came out,” Platt said. “In 1985 I moved to Colorado, but there were only three mountains that allowed snowboarding – it had just started. In 1986 I did fantastic as an amateur so in 1987 I went pro in the Rocky Mountain division, eventually becoming 18th in the world.”

Platt says he used skateboarding to keep his balance at its peak during the snowboarding off-season. Whether it was surfing, skating or snowboarding, he says the balance required to do one will help you be successful at another. 

Platt is no longer able to surf, skate or snowboard due to the toll that decades of sports have taken on his body, but his passion for collecting has kept him close to the game.

“I started collecting seriously and professionally about 10 years ago,” Platt said. “I’m known as a builder; I like the hunt of putting boards together period correct. Everything you see here I have put together period correct. I’ve never bought anything that was already put together by someone else.”

Boards
A portion of Mark Platt’s collection of skateboards and snowboards. – Jason Schaffer | Sun

To understand what Platt means by “builder,” it’s important to understand that boards were used and wheels and components were replaced with aftermarket parts as they wore out. It’s much like a person who restores a classic car. They have to put together a car with serial numbers that match and use original parts to have the most valuable example. This can take years to accomplish, and Platt says the same is true with his boards. Finding original components from the 70s and 80s can be next to impossible, but that seems to be the thrill. 

As far as value, Platt says they can run from a couple hundred dollars to thousands. His most cherished and valuable example is a one-of-a-kind 1976 Kryptonics board with prototype wheels that never made it to market. There were only seven sets ever made and Platt said his board is the only complete example in existence. He says the value is in excess of $5,000, but isn’t entertaining any offers anytime soon. 

In addition to skateboards, Platt also has vintage surfboards, snowboards and related works of art, proof that art has no boundaries.

Bali Hai legal dispute continues

Bali Hai legal dispute continues

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

MANATEE COUNTY – A court has ruled in favor of the city of Holmes Beach’s quest to stop the use of a lounge and bar installed without proper permits at the Bali Hai Beach Resort. Unfortunately for the city, the ruling was open-ended, at least for 30 days.

Manatee County Circuit Court Judge Charles Sniffen heard arguments from attorney Erica Augello for the city and attorney Michelle Grantham representing the Bali Hai’s ownership. The ruling involves the city’s motion to dismiss a counterclaim from the resort owners.

Sniffen ruled in favor of the city’s motion to dismiss but with the stipulation that the resort’s attorneys have 30 days to amend the counterclaim and resubmit it for consideration by the court.

In the counterclaim, Bali Hai’s owner alleges that the city’s demand for a site plan and that service stop until the site plan is approved at the onsite bar/lounge is financially damaging the resort, which was installed without permits from the Holmes Beach building department. The resort’s owner is seeking financial relief from the city and requested a trial in the amended counter-complaint filed April 26, alleging breach of contract.

During the Aug. 5 hearing, Grantham presented a letter from city attorney Patricia Petruff stating that city leaders would work with the resort to allow service to hotel guests to continue at the onsite lounge if the resort’s owners submitted a site plan for approval by city leaders and all applicable fees. Grantham said her client submitted the requested site plan despite believing it’s not necessary for the use of the lounge and that the letter constitutes a contract between her client and the city.

The lounge, along with other construction work done on the resort property, has been a point of contention between city leaders and the resort’s owner for more than a year due to no permits being applied for or given by the city’s building department for the work. The changes on the property also require a site plan approval under city code, which has not been given by city commissioners due to ongoing issues with the site plan submitted by the resort’s representatives. The resort’s representatives have argued since early 2020 that a site plan approval is not needed for the lounge and that it was an existing use on the property. City representatives have said the lounge was not an existing use and needs approval in order to operate legally.

Despite the ongoing issues, the resort’s lounge has continued to operate, leading to the city’s lawsuit against the resort owner to stop the use of the lounge and the sale of alcohol on the property until the site plan can be approved.

When ruling on the city’s motion to dismiss the amended counterclaim with prejudice, Sniffen said he does not see any evidence from what was presented that the city entered into a contract with the resort or how the resort’s representatives providing a site plan for approval would benefit the city. He added that for it to be a contract, the city would need to benefit in some way from the agreement.

Instead of dismissing the counter-complaint with prejudice, which would prevent the resort’s attorneys from resubmitting the claim for reconsideration by the court, Sniffen gave Grantham 30 days from the date of the hearing to amend the countercomplaint and resubmit it for a future hearing.

Related coverage

 

Bali Hai owners receive code fines

 

Bali Hai site plan negotiations continue

 

Bali Hai site plan review hits a snag

City warns property owners of potential structural issues

City warns property owners to inspect structures

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

HOLMES BEACH – After a balcony fell off a building and residents were evacuated at a nearby condo due to balcony problems, city leaders are warning property owners to be on the alert for structural issues that could cause personal injury or death.

The Sun made a public records request for the identity of the builders and other construction information on the single-family residence and the Fountain Head condominium on Sixth Avenue, which also has a sister building, but city staff delivered only permit records for pools and air conditioning units, which are available on the Manatee County Property Appraiser’s website.

Building Official Neal Schwartz said he was surprised that there were no other records on the properties, and that since he came to the city two years ago, he’s focused on keeping complete and accurate records in the building department. With the addition of an electronic method of submitting and approving documents for permits, Schwartz said the process of maintaining records has become easier and less susceptible to loss, unlike documents that were submitted on paper and stored either in paper files or on microfiche in the past.

After the condo at 3400 Sixth Ave. was found to have potential structural issues with the balconies on the back of the building, the owners of the units in the sister building were warned of potential issues. Now the city’s building department and code compliance staff are also sending letters of warning to owners of structures similar to the home at 4106 Sixth Ave., where a rear balcony collapsed in late June.

In the letter to property owners, Schwartz said the city is detailing the issues found at the home and suggesting that the work originally performed on the balconies of the damaged structure was likely performed by the same contractor as the other matching structures on Fifth and Sixth Avenues. The letter goes on to warn property owners of the potential for issues with the balconies and to encourage them to be alert to any problems.

The affected properties are 4105 Fifth Ave., 4107 Fifth Ave., 4104 Sixth Ave., 4108 Sixth Ave. and 4110 Sixth Ave.

Schwartz said that the property owner at 4106 Sixth Ave., Virginia Stewart, according to Manatee County Property Appraiser records, has voluntarily evacuated the property and her insurance company has engaged a structural engineer who inspected all of the balconies on the home and reported that the damage was most likely caused by lack of maintenance. The report also states that all of the balconies on that home, which was built in 2002, are unsafe and need to be replaced before the property can be cleared for occupation. Schwartz said the process is underway and permits have been issued for the repairs.

Schwartz said the letters to property owners were not sent out immediately due to the finding that the collapsed balcony was primarily caused by lack of maintenance rather than a problem with the initial construction.

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City buzzing about noise regulations

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

HOLMES BEACH – More changes are on the way for the city’s noise regulations with the proposed addition of the term “plainly audible,” a requirement to face noise-producing electronics toward the rental units and a proposition to get a financial bond or some other financial security for unpaid noise citations.

Commissioners discussed the issue of excessive noise in residential communities during a July 27 work session. Despite Holmes Beach Police Chief Bill Tokajer saying the city’s current ordinance is working and is “a model ordinance” being emulated by other cities, commissioners are considering adding the current regulations to help curtail noise between houses.

One of the things already being used by police and code officers responding to noise violation complaints is “plainly audible.” Commissioners agreed that the term needs to be added to the current noise ordinance for clarification and enforcement.

Tokajer said he’s instructed officers arriving at a noise complaint to judge if the noise being heard would disturb them at night in their home. If so, he said officers can consider the noise complaint valid. Currently, officers use the plainly audible method in addition to noise meters and the seven noise standards already set out in the ordinance when responding to quiet hours noise complaints between 10 p.m. and 7 a.m. A motion to use the plainly audible standard during the day failed to achieve a consensus between commissioners.

With increased enforcement, Tokajer said officers have issued more tickets in 2021 than in 2020, with 37 noise citations issued through the end of June. He said officers issued 29 citations all year in 2020.

He added that officers received 330 calls for service for noise issues in 2020 and 164 through June 30 in 2021.

Commissioners agreed to move the first reading of the amended noise ordinance to a future meeting.

Other changes being considered to the city’s noise regulations include a requirement to face a noise-producing device, such as a stereo or boom box, toward the rental unit where it is located to reduce noise to neighboring properties, and the placement of a sign reminding visitors that they’re renting in a residential neighborhood outside by pools. Both changes are under consideration to be added to the city’s vacation rental ordinance.

Commissioners also instructed staff to look into options for obtaining a bond or some other financial security instrument for unpaid noise citations. Thus far, Tokajer said all noise citations issued have been paid. Commissioners agreed they’d like to get out in front of the potential problem of unpaid fines before it becomes an issue.

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New moratorium in effect on vehicle rental businesses

New moratorium in effect on vehicle rental businesses

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

HOLMES BEACH – Concern about the number of low-speed vehicles in the city and the potential for incoming additional rental companies has prompted Holmes Beach commissioners to enact a six-month moratorium.

The moratorium, approved in a four-to-one vote during a July 27 meeting with Commissioner Jim Kihm dissenting, blocks the applications for new low-speed vehicle rental businesses coming into the Island city. It does not apply to current businesses or those with pending site plans, such as the pending application for The Toy Barn.

Kihm said he feels that some discussion on the number of low-speed vehicles in the city may merit some conversation but he felt that a moratorium would be premature at this point.

The issue was brought to the attention of commissioners by fellow Commissioner Jayne Christenson. She said she feels that the number of low-speed vehicles taking to city streets is dangerous, particularly with some people not wearing seat belts, piling more people in the vehicle than it safely seats and generally treating the vehicles as toys while on vacation. She suggested the moratorium as a way for city officials to research the problem and try to find a way to make city streets safer without allowing any new rental businesses to set up shop in Holmes Beach.

City Attorney Patricia Petruff warned commissioners they need to manage their expectations concerning the moratorium, noting that while it does prevent a business from opening a brick-and-mortar location in the city, it doesn’t stop one from bringing vehicles in on a trailer to deliver them.

When it was suggested the city require a business tax receipt for anyone doing a business delivery in the city, it was quickly shot down because of the potential logistical and legal issues it would cause. Petruff said it wasn’t realistic for commissioners to require a BTR for anyone delivering in the city because it wouldn’t just apply to low-speed vehicle renters but also food delivery and other services.

Kihm said he would like to spend some time looking at what the issues are concerning the golf cart-like vehicles and mini cars rented by vacationers. And while he’s concerned about traffic, Kihm said moving vehicles through the Island cities is a multi-faceted problem that’s going to need creative solutions.

Commissioner Carol Soustek said she’s unsure of what the city can do as the low-speed vehicles are considered legal vehicles and the city cannot regulate the number of vehicles on the road.

Christenson said she’s heard a low-speed vehicle rental business, one that’s already bringing vehicles into the city for rent without having a brick-and-mortar location, ZoomAround, is considering purchasing the former Wells Fargo location at the corner of Marina and Gulf Drives, just in front of the Shops at Waterline where The Toy Barn is planning to relocate if their site plan is approved by city leaders.

Though the former Wells Fargo property is currently listed as off the market, no sales have been recorded according to Manatee County property appraiser records.

For a vehicle rental business to open in the space, City Planner Bill Brisson said it would require a special exception for the change in use at the property from commissioners. The sale of the property also could negatively impact the Waterline Marina Resort and Beach Club which has a lease with Wells Fargo for the use of 20 parking spaces for the resort and adjacent marina.

Brisson said the parking spaces, which are part of the former bank property, are part of the required parking for the resort and marina.

Commissioners instructed staff to send a letter with approval from Mayor Judy Titsworth to management at the Waterline resort to see what their plans are for the required parking spaces for the resort and marina.

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Eat elsewhere: Beach Bistro owner to unvaccinated diners

Beach Bistro owner to unvaccinated diners: Eat elsewhere

Written by Jason Schaffer on . Posted in Community News, Featured, Health.

HOLMES BEACH – While the debate over masks and vaccinations heats up due to the Delta variant of COVID-19, one Island business owner says he doesn’t want unvaccinated customers walking through the doors.

That’s the new policy at the nationally-renowned Beach Bistro and The Doctor’s Office cocktail lounge.

Owner Sean Murphy has gone to great lengths to keep staff and customers safe. The Beach Bistro was the first establishment in the U.S. to acquire state-of-the-art air purification units developed in Denmark that were specifically designed to destroy airborne viruses, he said.

“I called my cousin who is an anesthesiologist and works in a sterile environment. I told him I needed to purify the air in my restaurant, how do I do that?” said Murphy, who also owns The Doctor’s Office and the temporarily-closed Eat Here restaurant in Holmes Beach. “My cousin introduced me to two brothers in Denmark whose father specialized in viral air purification who developed a unit that uses a massive fan to move air which is filtered through ultraviolet light, a HEPA filter and ionization.”

In addition to the floor units, Murphy also upgraded the air conditioning in the restaurant to utilize the same technology and move inside air out and outside air in. All of the air in the restaurant is replaced every three to four minutes.

“My goal is to be the safest restaurant in America,” said Murphy, who hopes his efforts will encourage other restaurants to do what he is doing.

In addition to the air filtration, all of Murphy’s employees at Beach Bistro and The Doctor’s Office – which is following the same policies – have been vaccinated. The restaurateur brought the vaccinations to the employees at the establishment and rewarded each employee with a $100 bonus for getting the vaccine.

Murphy says diners have responded positively to the policy, with nine out of 10 people fine with it, he said. But the people who don’t like it have been especially unpleasant in their responses.

“There’s a nasty little streak on Facebook that’s calling us communists and fascists. One person even said they wanted to get COVID then come here and eat,” Murphy said.

The restaurant can’t legally ask for proof of vaccination, Murphy said. Under Florida Senate Bill 2006, passed in May and made effective on July 1, businesses are not allowed to require customers to provide documentation of COVID-19 vaccination.

But Beach Bistro is reservation only, and when his staff asks if diners have been vaccinated and they say “yes,” Murphy said he believes they are being honest.

Holmes Beach leaders start 2021-22 budget talks

Holmes Beach leaders start 2021-22 budget talks

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

HOLMES BEACH – Budget discussions are underway in Holmes Beach and commissioners so far have only made a few minor adjustments to the proposed 2021-22 fiscal year finances.

City Treasurer Lori Hill presented the proposed $11,156,128 budget to city commissioners during a July 13 work session. In addition to the more than $11 million break-even revenue/expense budget, Hill’s proposal also included $9,306,655 estimated reserves and carryover from the previous year for a total of $20,462,782.

Some revenue, including proceeds from the half-cent sales tax, state revenue sharing, and communication tax are all estimates until final numbers are received from the state, Hill said. Until the end of the current fiscal year, Sept. 30, the $5,526,635 in unassigned reserves/general fund is also an estimate.

Commissioners voted unanimously on July 15 in a special meeting to set the maximum millage rate for the coming fiscal year at 2.25 mills, the same as the current year and in line with what Hill suggested during the budget workshop.

Millage is the tax amount charged to property owners by the city for each $1,000 of assessed property value determined by the Manatee County Property Appraiser’s Office.

Despite proposing the same 2.25 millage rate as the current year, Hill said the city’s ad valorem revenue would increase by 6.93% due to an increase in property values.

The 2.25 mills rate is 6.24% higher than the rollback rate of 2.1178 mills which would bring in the same amount of ad valorem revenue as the current fiscal year.

While some commissioners questioned whether or not they could potentially lower the millage rate and still meet the city’s financial goals for the 2021-22 fiscal year to give property owners a tax break, Hill said that the city cannot lower the millage rate and still receive federal American Rescue Plan Act funding. Currently, she said she does not know how much funding the city could receive under the program, which will see funds distributed by state officials, or what those funds could be used for. Commissioners agreed to reassess their options in September during the two required public hearings for the budget when they hopefully will have more information on the possible amount of funding and its approved uses.

During budget discussions, commissioners reviewed areas where there are significant changes proposed, including in the police department, public works and outside agency funding.

Outside agency funding, which includes city contributions to The Center of Anna Maria Island and other nonprofit organizations on the Island, only saw a $2,500 increase from the previous year to a total of $27,500 but was a topic of some debate among commissioners. Ultimately, commissioners voted three-to-two, with Commissioners Jim Kihm and Jayne Christenson dissenting, to budget $25,000 for a contribution to The Center, one that would be guaranteed and not require commissioners’ to approve before it can be distributed to the nonprofit. The contribution is $2,500 higher than the $22,500 that has been given in previous years. The additional $2,500 in the $27,500 line item is to be distributed to other Island nonprofits at the mayor’s discretion.

The general government budget also increased by $4,000 after budget discussions at the workshop to allow for any commissioner who wants one to receive a city-issued laptop to conduct city business with instead of using their private devices.

The mayor and commission budget remained largely the same at $205,006, with $1,820 added for increases in elected officials’ stipends and $2,785 in increased computer and information technology services.

The budget for the Holmes Beach Police Department is proposed to increase by $374,105 to $3,990,311 for the 2021-22 fiscal year. Increases in the budget include the rehiring of a records clerk for the department, a position that was lost during the 2018-19 fiscal year and put off to cut costs in the 2019-20 and 2020-21 fiscal years. It also includes the addition of another officer to assist in the promotion of Det. Sgt. Brian Hall to lieutenant and succession planning for the eventual retirement of Chief Bill Tokajer.

Other costs are the long-planned 911 upgrade that every law enforcement and first responder agency in Manatee County is required to participate in, the purchase of a new vehicle for the new hire officer, a new computer server, $64,000 for new tasers for officers to replace aging ones that are out of warranty and associated liability protections, $5,000 for five new bulletproof vests and $5,200 for the purchase of a new bulletproof shield. Tokajer said he hopes to recoup some of the funds for the bulletproof vest purchase via a grant.

The budget for the public works department is proposed to increase by $688,280 to $2,660,173. Planned spending in that department includes the addition of one new employee, an in-house engineer, $100,000 to repair 13 trolley stops and add two new ones, new phones and software for employees and rollover funds for lighting and landscaping at city center.

Mayor Judy Titsworth said that some of the funding for the in-house engineer position is planned to be recouped in lowered professional service fees paid to outside engineering firms by the city.

The building department’s budget is proposed to come in at $821,536, an increase of $191,960 over the current fiscal year. Planned spending includes the addition of a new employee, new computer equipment and a new server and $105,000 to be paid to LaRue Planning for services to the city, not including a payment of $27,000 for the final year of the comprehensive plan review which staff from LaRue is assisting planning commissioners on. The comprehensive plan expenditure is noted under the general government budget.

The Code Compliance budget is projected to increase by $50,197 to $640,863 to account for the hiring of a new full-time employee and the purchase of a new Ford F150 vehicle. Other line items, including professional services where officers plan to spend $32,000 less than the previous year.

Holmes Beach commissioners plan to host the first of two required budget hearings where the public is invited to speak and ask questions about planned spending at 5 p.m. on Sept. 15. The final budget hearing is planned for 5 p.m. on Sept. 28. The new budget will go into effect on Oct. 1.

Copies of the proposed budget are available to the public in the lobby at Holmes Beach City Hall.

 

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Interconnected site plans denied for now

Interconnected site plans denied for now

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

HOLMES BEACH – Two business owners who submitted site plans for approval by city commissioners didn’t receive good news from commissioners but there’s still hope for approval at a future meeting.

During a July 15 work session, Holmes Beach commissioners heard proposals from the owner of the Shops at Waterline commercial plaza. And while the two-site plan proposals were submitted separately, commissioners had a hard time evaluating one independent of the other, particularly because they involve alterations at the same commercial space.

First up was the proposed site plan from the Shops at Waterline, owned by W.J. Keel Holdings LLC. City Planner Bill Brisson said the minor site plan approval was remanded to commissioners by Building Official Neal Schwartz due to issues with the site plan submittal. Some of the issues, Brisson said, include an incorrect calculation of required onsite parking spaces, lack of dumpster size, screening and placement indicated on the proposed site plan drawings and a mystery spot of a newly enclosed area with an entrance from the adjacent Sunrise Lane that has no usage noted on the plans. Brisson also said that work had been done on the interior of the building without obtaining the proper permits from the city’s building department.

While the proper permits can be obtained from the building department after the fact, those permits will carry a fee three times larger than what would’ve been charged had permits been secured before construction. The permit fees are based on the value of the proposed construction.

As a result of the unpermitted construction, Schwartz said that drywall was removed from three units and electrical and gas lines were unsecured, requiring the gas to be turned off for an extended period. The lack of gas to the shopping plaza caused the tenant restaurant Eat Here to be closed to the public for a few weeks due to a reliance on gas in the kitchen.

Schwartz said that there are too many unknowns in the space for him to approve the minor site plan changes administratively.

Since attorney Aaron Thomas, who represents both the owners of the shopping plaza and The Toy Barn, had contracted COVID-19 and was unable to attend the meeting, his associate Anisley Mena attended and spoke on his behalf.

Mena said that the plaza ownership was awaiting city direction on where to place trash dumpsters and that the changes made were internal only. She asked that the site plan be considered separately from the one proposed by The Toy Barn.

Rather than move the site plan approval to a first reading at a regular meeting, commissioners agreed to allow the applicant to resubmit with additional information and consider the site plan again at a future work session, the same response given to The Toy Barn and owner Travis Lantz.

Lantz said that he plans to work with the city and his attorney to resubmit his site plan for a future location for The Toy Barn at the Shops at Waterline Plaza.

He plans to take up about 3,500 square feet of space in the plaza to house his business’s office and provide a storage facility for his lithium battery-powered vehicles during the off-season when not so many are rented.

The plans submitted to city officials also include the installation of a garage door to allow vehicles to be pulled into the space for storage and maintenance from an access point on Sunrise Lane, something the residents of Sunrise Lane aren’t in favor of as discussed by their attorney during the work session.

During the presentation, Brisson said Lantz also planned to use some of the business’s required parking to store vehicles outside the shop. He said when all of the required parking for the businesses and proposed businesses in the plaza was computed, he came up with a required 66 spaces needed, with 71 total parking spaces located onsite. That means that instead of the 18 spaces indicated in the site plan approval request for parking rental vehicles, Lantz would only have five spaces available for parking rental vehicles. The plans also include a small charging area for golf carts and other vehicles near the proposed garage access.

To allow The Toy Barn to conduct its business in the plaza, Brisson said, requires a special exception because the rental business isn’t covered in uses allowed in the C-3 commercial district. To obtain that approval, the site plan submittal has to meet 12 standards required for a special exception under the city’s land development code, including the production of a traffic study to show how the proposed use will affect traffic in the area.

Lantz said that because his business is primarily a mobile one with vehicles going straight from one rental to another, he doesn’t feel it will negatively impact traffic in the area and that the garage door access on Sunrise Lane would only be used by his employees, not by renters of the vehicles.

Another concern Brisson mentioned is the business negatively affecting nearby residential property values and the quality of life for adjacent residents. Lantz said he’s willing to install an attractive, quiet garage door and that his vehicles are all electrically powered, meaning they make little to no noise to disturb residents.

Lena said she and Thomas would respond in writing to all of the commissioners’ concerns to help move the site plan approval process along.

For his part, Lantz said he plans to continue pursuing the Holmes Beach location for his business and will be attending every meeting where the site plan is discussed to answer any questions from commissioners, city staff and the public.

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