HOLMES BEACH – With the support of Holmes Beach city leaders, the Anna Maria Island Privateers’ Fourth of July Processional is officially coming back in 2021.
Commissioners voted unanimously during a May 25 meeting to approve the temporary event permit for the parade, giving their stamp of approval for the return of one of the Island’s premier events. This year’s event is scheduled for Sunday, July 4, setting sail at 10 a.m. from Coquina Beach in Bradenton Beach and continuing down Gulf Drive, East Bay Drive, Manatee Avenue, Marina Drive, Palm Drive and Pine Avenue to Bayfront Park in Anna Maria. The event is free to participants in the parade who are asked to sign up in advance at www.amiprivateers.org and to the public.
Due to COVID-19 precautions, Privateers President Kim Boyd said that the group is asking all participants with 10 or more people on a float to wear masks and do a temperature check before boarding the float. Also, anyone participating in the parade who gets within 6 feet of parade viewers will need to wear a mask and gloves.
No candy will be allowed to be thrown from floats this year. Participants and parade spectators also are asked to not throw water balloons during the parade.
“We’re trying to do everything we can to promote this as a COVID-safe event,” Boyd said.
She added that city leaders in Anna Maria and Bradenton Beach had already approved the event.
Commissioner Carol Soustek said that she feels that it’s OK to have “a little celebration here and there” to help people forget about COVID-19 and have a good time in an outdoor environment.
Commissioner Jim Kihm said that he feels people should be able to use common sense when celebrating the holiday.
“I am looking forward to this,” he said. “Thank you for doing this for the community.”
BRADENTON – Property owners in the West Manatee Fire Rescue District in western Manatee County will notice an increase in the fire assessment rate when TRIM notices go out later this year, but it won’t be a big jump in cost.
District commissioners voted 4-1 to increase assessment rates for the 2021-22 fiscal year. The increase will be 4%, slightly less than the allowable increase of 5.64%.
WMFR gets most of its income from special assessment rates paid by property owners in the district. Since the assessments are non-ad valorem, they’re not based on a property’s taxable value. Instead, they are based on the size of the building on the property or set at a flat rate if the property is vacant.
The maximum percentage that the rate can be increased each year is based on personal income growth, or PIG. Though district leaders expected the 2021 number to be much lower, it came in at 6.8% for the state of Florida according to the Bureau of Economic Analysis, a division of the U.S. Department of Commerce. The maximum increase considered by WMFR commissioners during their April mid-year budget workshop was 5.64%.
What this means for district taxpayers, including all property owners on Anna Maria Island, in Cortez and the west side of unincorporated Manatee County, is that what you pay annually for fire service is increasing slightly on your next property tax bill.
A 4% increase will bring the residential property base rate up $7.82 to $203.35 with an increase for properties over 1,000 square feet of $0.0046 to $0.1199 per square foot. For a 2,000-square-foot home, this brings the total rate up from $310.85 to $323.28, a difference of $12.43. The rate for a 3,000-square-foot home would increase from $426.17 to $443.22 and from $541.50 to $563.16 for a 5,000-square-foot home.
Commercial property owners will notice an increase as well, with the commercial base rate increasing from $485.94 to $505.38 and the per-square-foot rate increasing from $0.2104 to $0.2188 for buildings over 1,000 square feet. The 4% increase brings the total rate for a 2,000-square-foot commercial property to $724.23 with a 3,000-square-foot building coming in at $943.08 and the rate for a 4,000-square-foot commercial building increasing to $1,161.92.
Commissioner Al Robinson was the lone vote against raising the assessment rate for the coming year. Robinson has previously been vocal about curbing the department’s spending and lessening the burden of the fire district on property owners.
Despite the increase in assessment rates, WMFR still has one of the lowest rates in Manatee County.
Commissioner David Bishop said the decision to vote whether or not to increase assessment rates is a difficult one. He warned his fellow commissioners that in looking to the future of the district they don’t get too far ahead for the taxpayer base. He said he feels the district could quickly reach a tipping point with costs and that they want to make sure that those costs don’t tip the wrong way, ending up too high to be sustainable.
HOLMES BEACH – In what’s proved to be a controversial decision, commissioners voted to deny The Center of Anna Maria Island a financial contribution from the city.
The decision was a split one with Commissioners Carol Soustek and Terry Schaefer voting to give The Center an already-budgeted financial contribution of $22,500 and Commissioners Jim Kihm, Jayne Christenson and Kim Rash voting against the donation.
Soustek
Before the vote took place during the May 11 meeting, Schaefer reminded his fellow commissioners that they had previously decided to donate $5,000 to the Anna Maria Island Chamber of Commerce’s passport program from the approved budget line for charitable contributions, leaving $17,500 in the budget. City Treasurer Lori Hill suggested taking $5,000 from the mayor and commission discretionary fund, which has about $40,000 left in it for the 2020-21 fiscal year after other planned expenditures. She said the city has been contributing at least $22,500 annually to The Center since 1998.
The city of Anna Maria provided The Center with $25,000 in 2020. The city of Bradenton Beach provided The Center with no funds in 2020 and $5,000 in 2019.
Schaefer
Manatee County Commissioner and former Holmes Beach Mayor Carol Whitmore said in an email to The Sun that when she left the position of mayor in 2006, the city was donating $30,000 per year to The Center.
Currently, the nonprofit is working to fill the $100,000 budget gap created by pandemic shutdowns and canceled events.
Christenson said that while she personally supports The Center, she’s not sure that taxpayer dollars should be given to one nonprofit. She added that while she understands the donation to The Center from the city was in the approved budget for the 2020-21 fiscal year, she feels that the city’s responsibility is to use taxpayer funds to make the city better for its residents and property owners. She said the city’s taxpayer base should personally choose which organizations they want to donate to. Christenson was not on the city commission when the budget for this fiscal year was approved.
RashChristenson
Rash said he had heard concerns from some city residents about city funding of a nonprofit, leading to his vote against releasing the funding.
Kihm said that while he feels that The Center is a worthy organization, he too feels that taxpayers should decide where they want their dollars donated and then donate personally.
“I am extremely disappointed,” Mayor Judy Titsworth said. “I think this is a punch in the gut and it’s very disappointing if it doesn’t go through.” She said The Center is a huge benefit to the Island and the effort to bring families back to the three Island cities.
Kihm
Soustek said she was not going to vote against giving a donation that had already been approved by a majority of commissioners during the budget process. She added that if commissioners want to change future donations it should be addressed during the budget process.
“If we make a commitment, we should stand by it,” Schaefer said.
After a plea from the mayor, Kihm said he would put funding for The Center on a future agenda for more discussion.
The decision to not fund The Center was unpopular with some Holmes Beach residents.
“I am appalled that this year, in the midst of a global pandemic, when more than ever we need to support The Center, commissioners would vote to strip promised funding,” Holmes Beach resident Christine Shuck wrote to commissioners in a letter to the editor. “I was under the impression that the job of the commissioner was to try to better the community. In fact, that was what many of you campaigned on.
“I find it extremely concerning that not only are you failing to deliver already-promised funding, but you are also failing to fulfill the campaign promises on which you all ran,” her letter continued.
“Without this vital venue, the few families who can afford to live here will no longer have a reason to come live in Anna Maria. If we are going to have to drive off the Island for all our kids’ sports and camps, then what is the point of living here?” resident Mary Catherine Melancon asked in her letter.
“That our Center, truly AMI’s only recreation department, has to beg for dollars from each city is a sad statement of what our tax dollars are doing,” residents James and Lee McParland wrote in their letter to the editor.
In the recreation and open space element of the city’s comprehensive plan, the document which is intended to guide the future of Holmes Beach, it states that in the calculating of the level of parks, open space and outdoor facilities for residents, that city leaders will take into consideration “the city’s contribution to the continued operation of the Anna Maria Island Community Center and the recreational services it provides.”
“I will continue to encourage our citizens of Holmes Beach and visitors to be involved in our community but to respect a person’s right to choose the organization(s) they wish to give a charitable donation to,” Christenson said in a response email to one resident’s concerns about Center funding. “There are many deserving, community-based organizations on the Island and the choice to give should be the individual’s.”
HOLMES BEACH – Issues between two neighbors in an attached duplex caught the attention of police when one accused the other of violating the city’s noise ordinance. The neighbor on the receiving end of a noise violation warning was Commissioner Kim Rash.
The incident took place in the early morning hours of May 1 and lasted for nearly two hours. When Rash left town in the days following the April 27 city commission meeting, he left a stereo playing in his side of the Holmes Boulevard duplex to make people think that he and his family were home instead of out of town. His neighbor, Anastasios Tricas who owns the other side of the multi-story duplex, called police to report a noise violation just after 6 a.m. on May 1 due to noise from the stereo.
In the report compiled by Holmes Beach police officers, Tricas said he had dealt with the noise from the stereo for a couple of days before calling police and that the bass was vibrating the walls of his unit, making it difficult for him and his wife to sleep.
Though officers on the scene said the music from the stereo didn’t violate the city’s noise ordinance, a decibel reading taken in the shared stairwell of the duplex came in at 45db according to the police report and officers did determine that the vibration in the walls due to the bass from the stereo. The continuous nature of the noise and volume, among other issues, was a violation of the city’s noise ordinance, the officers said.
A warning was posted at Rash’s door and, after officers determined that no one was home, they called the commissioner to advise him of the situation and see what could be done to turn the stereo off.
Rash immediately complied with officers and called a friend to come over to remedy the situation in his absence. Chief Bill Tokajer said that while Rash did comply, it took some time to get someone to the house to turn the stereo off.
While waiting for someone to come to turn off the stereo, Tricas wrote out a five-page statement giving a list of accusations against his neighbor, even stating that the strained relationship with Rash is one of the reasons his side of the duplex is currently for sale.
One of the more serious complaints in Tricas’s statement accuses Rash of using his position as a city commissioner to overstep and scare Tricas off of calling the city to complain about issues.
Rash declined to comment on the accusations made by his neighbor.
Rash is one of the city commissioners who has fought publicly for stricter enforcement of the city’s noise ordinance, particularly the use of a list of seven standards to determine if noise is an issue rather than a noise meter reading. It was only in the past few months that commissioners agreed to adjust enforcement of the noise ordinance to take the seven standards into higher regard than a decibel reading from the noise meter over the city’s decibel maximum, 50db for quiet hours when this incident occurred.
The noise complaint and associated accusations weren’t the only issues brought to the city between the two neighbors.
Tricas also contacted the city’s code compliance department on April 30 to report trash on Rash’s side of a shared patio. When reporting his complaint, he said he had a showing of his duplex unit that afternoon and that bottles, trash and chairs were strewn about on the patio. In his complaint to police, he said the trash and tipped-over chairs were the result of a loud gathering the Rash family had on April 29-30. Though Rash had a friend quickly come and clean up the mess before code officers were able to respond to the home, where the trash came from is still a mystery as the Rash family members were all out of town at the time with no one staying at the home, according to the police report from the May 1 incident.
HOLMES BEACH – The U.S. Supreme Court has dealt another legal blow to the owners of the beachfront treehouse at Angelinos Sea Lodge.
Owners Lynn Tran and Richard Hazen had appealed to the court to issue a writ of certiorari in their case against the city of Holmes Beach. The owners have been fighting to keep their treehouse in its Australian pine perch in front of their home and four-unit vacation rental property for nearly a decade.
The court denied the appeal in a document issued May 3. It is the second time the court has refused to hear a matter regarding the treehouse, the first time being in 2017.
The denial from the highest court in the land is the second setback to the treehouse owners’ case in less than a month. The first came from the Holmes Beach special magistrate, who ruled during an April code compliance hearing that Tran and Hazen violated the city’s vacation rental ordinance. The magistrate said the owners were renting their four units without valid vacation rental certificates issued by the city.
The couple applied for VRC renewals in late 2020 but were denied due to outstanding code compliance issues on the property, namely the treehouse and associated code fines. Until the fines are settled and the existing issues are remedied – with either the treehouse being removed or the city allowing it to stay – the VRCs cannot be issued.
Speaking on behalf of Tran and Hazen during the special magistrate hearing, attorney Bruce Minnick said the city cannot expect his clients to be able to pay the outstanding fines, more than $200,000, without being able to rent the units that provide their income.
Special magistrate Michael Connolly ruled the couple violated the city’s ordinances, ordering them to immediately stop renting the units and imposing a $125 per day fine. The fine is in addition to a previously issued fine of $50 per day.
In a May 6 email to The Sun, Tran said she and Hazen are disappointed that the U.S. Supreme Court denied their petition. She added they will continue to pursue every legal avenue open to them to try and save their treehouse and hang on to their Holmes Beach property unless city leaders are willing to work on a compromise with them.
The couple still has cases against the city and the Florida Department of Environmental Protection pending in Manatee County 12th Judicial Circuit Court.
HOLMES BEACH – Lynn Tran and Richard Hazen are no strangers to having issues with city leaders after having ongoing litigation for nearly a decade over their beachfront treehouse. Now, those issues are carrying an even heavier price tag.
During an April 21 code compliance special magistrate hearing, the couple was once again before Holmes Beach special magistrate Michael Connolly, this time for Connolly to assess fines over non-compliance with the city’s codes.
In March, Connolly heard a case from city code officers where the couple, owners of the Angelinos Sea Lodge, were accused of renting their four vacation rental units without a vacation rental certificate. Despite arguments from the couple’s attorney, Bruce Minnick, Connolly found that they were in violation of the city’s codes and warned that if renting of the units continued without valid VRCs they would face fines. During the April hearing, Connolly ruled that they were still in violation of city codes and handed out a fine of $125 per day from March 18 until the property can be brought into compliance. This new fine is on top of a longstanding $50 per day code fine that, as of the March 17 special magistrate hearing, topped out at $198,485.17, according to City Treasurer Lori Hill. Now that total is more than $200,000, not including the additional $125 per day along with legal fees.
Though the issue of short-term rental units without VRCs is now a code problem on the property, the primary issue is the beachfront treehouse at Angelinos Sea Lodge, which has been a point of contention between Tran and Hazen and the city for years. City leaders allege the treehouse was built without permits, not in compliance with city building codes and on the erosion control line, which is not allowed without prior authorization from the Florida Department of Environmental Protection. Tran and Hazen argue that they went to the city building department before constructing the treehouse to ask what permits they needed and were told by an employee at the time that none were needed. Practically since it was built, the fate of the two-story structure has been wrapped up in litigation.
The only way, according to city code compliance officers, to clear up the code issues on the property is to remove the treehouse and pay all outstanding fines and costs against the property. Once that is done, the owners can start the process of having their VRCs renewed by the city to rent the four vacation units.
Before Connolly made his ruling, Minnick appealed to him for leniency for his clients, saying that continuing to fine them without giving them a way to make a living was creating a no-win situation for both parties.
Litigation concerning the treehouse is still ongoing with cases before the the 12th Judicial Circuit Court in Manatee County and another before the U. S. Supreme Court to determine if that body will hear the case.
Speaking on behalf of the city, attorney Erica Augello said the two code issues were separate and have no bearing on each other except that they exist on the same property. She added that the code fines against the treehouse were not a subject of litigation. Minnick argued that they do intermingle because the VRC issues cannot be resolved without first resolving the treehouse issue and that by not allowing his clients to rent the units, the city is taking away their ability to generate income.
While he said he could convince his clients to pay the special magistrate hearing costs of $127.24, they would be unable to pay for the hefty fines attached to their property due to the ongoing code issues and would be unable to even sell the property because the code fines would be transferred to a new owner. Minnick said that if the special magistrate chose to assess additional fines and city leaders were not willing to work on a settlement agreement with his clients that litigation would continue between the two parties.
“Let my people go,” Minnick pleaded. “I’m on bended knee. Let my people go.”
In an email to The Sun after the hearing, Tran said that if the petition to the Supreme Court failed that the couple will continue to pursue all other available legal recourse.
“The city is giving us no choice, taking away our basic rights and liberty and treating us like criminals,” she said in the email.
If all legal options fail, Tran said the couple would remove all of the trees and the treehouse on their property, seek out investors, build a “monster luxury three-story multi-family wedding cake place” and sell to someone else to pay the fees and fines levied against the property.
During the hearing, Augello said the time for settlement talks was over.
The next hearing in the 12th Judicial Circuit Court in Manatee County concerning the treehouse is scheduled for May 3.
HOLMES BEACH – Commissioners are skipping a vote on the city’s new sign ordinance, at least for the time being, while they make allowances for suggested changes by city staff and get legal advice on the settlement of a lawsuit.
During an April 13 meeting, Holmes Beach city commissioners were scheduled to take the first of two votes on an ordinance limiting the use of signs in the A1 and R4 residential districts. Under the proposed ordinance, the use of backlit illuminated signs in the districts would be prohibited with three existing signs required to be brought into compliance with new regulations within six months and another to have a five-year sunset period. The new regulations would allow for a sign with a single spotlight to light the sign from above or below, requiring a retrofit of the four backlit signs.
While a permit was given to the sign at the Anna Maria Beach Resort by a previous building official, it was given in error, resulting in the consideration of a five-year sunset clause for that sign. After that, the sign would have to be retrofitted to meet city regulations for the district. The reason for the sunset clause was to allow the resort’s owners to recoup some of the cost for the installation of the sign, about $40,000. Because the roadside sign, LED board and neon lettered sign on the portico were permitted by the city, though erroneously, they are the subject of an ongoing lawsuit between the resort’s ownership and the city.
The sign that started commissioners’ review of the city’s sign ordinance is one of the reasons for the delay in a vote on a new sign ordinance. – Submitted | Google Maps
Resort owners’ attorney, Aaron Thomas, said the proposed five-year sunset period was not enough time for his clients to recoup their investment in the sign. Rather than continue litigation, Thomas proposed a settlement agreement to commissioners.
In the settlement proposal, Thomas said that the sign on the portico would remain and remain in use. The LED board on the roadside sign would remain on the sign but not be used unless requested by the city for public address, such as an evacuation notice. The roadside sign itself would remain lit daily but be turned off at 11 p.m. and illuminated to only 25% of its maximum light output capacity.
Commissioners said they would need to review the proposed settlement agreement with their legal counsel handling the lawsuit before responding to Thomas’s offer. Thomas warned that if the settlement agreement is not accepted, his clients would continue with the litigation against the city.
City Planner Bill Brisson recommended several changes to the proposed ordinance, enough that it may have to be significantly modified and readvertised for a first reading and public hearing at a future meeting.
Upon further research into the issue, Brisson said there were several things he couldn’t identify, including if the three other backlit signs in the A-1 and R-4 district were ever permitted by the city, how long they’d been there, when the city had prohibited illuminated signs in a residential district and when the A-1 district was incorporated as a residential district.
Due to the confusing nature of the appearance of the other three signs, he suggested that if commissioners approve a five-year sunset period it should extend to the other three backlit signs while prohibiting any more from being constructed. He also suggested commissioners consider allowing signs to be double-sided and lit with a single spotlight on both sides.
Commissioners took a vote and agreed to incorporate both of those suggestions in the proposed ordinance. They also agreed on some wording changes to the ordinance to make the new regulations clearer.
Due to the pending ordinance changes and the proposed lawsuit settlement, City Attorney Patricia Petruff recommended commissioners delay the first vote on the sign ordinance until the document could be amended and commissioners receive appropriate legal advice.
HOLMES BEACH – The Police Department has two new Polaris side-by-side ATVs thanks to a grant set aside for COVID enforcement activities by law enforcement agencies.
“We decided to get a couple of the Polaris ATVs so we could be on the beach more, and work on social distancing and be able to educate people,” Chief William Tokajer said. The grant totaled $43,500, which was enough to acquire two Polaris ATVs, one six-seater and one three-seater. The COVID grant also provided enough money to equip the ATVs with police lights, sirens, and spotlights on the roofs, which are excellent tools for search and rescue operations, he said.
“They’re a great rescue vehicle – we’ve already used them to reunite lost children with their families,” he said. “When we were on the four-wheelers, we were unable to do that because it doesn’t have a side seat.”
Tokajer also said the vehicles will make beach arrests more efficient, since officers won’t have to walk the suspect off the beach, disrupting beachgoers. Officers can simply secure the suspect in the Polaris and drive them away from the scene, just as they would in a normal patrol car, all the while leaving a much smaller footprint.
One of the biggest advantages of the Polaris ATVs, he added, is their maneuverability and ability to go places that may be a tight squeeze for a full-sized patrol vehicle. They can go on-road, off-road, or in the case of a bad traffic tie-up, a little bit of both.
Police also ask the public to remember that these are first-responder vehicles and need the same right of way as a police car, ambulance, or firetruck to help keep everyone safe.
HOLMES BEACH – Members of the city’s Parks and Beautification Committee are working on a proposal which, if approved by city commissioners, could create an acre of green space at the city’s commercial center.
A recent business casualty in the area, the permanent closure of the city’s Wells Fargo branch, has given parks committee members the idea of turning the old bank property into a city park. Unfortunately for the city, the project could carry a hefty price tag.
After briefly discussing the possibility of acquiring the vacant property during their March meeting, member Alec Graham said that he’d done some research into obtaining the property and turning it into a city park. He estimates the cost of demolition for the current building to be about $500,000. He suggested city leaders could use part or all of the estimated $1.8 million expected from federal COVID-19 relief funds to purchase the property. After sending his suggestions to Mayor Judy Titsworth, Graham said he hadn’t yet received a reply.
City Commissioner Carol Soustek, the commission’s liaison to the parks committee, said that she understands that the land, located at a prime intersection on the Island, is very valuable and doesn’t believe that it will be for sale long. She added that while the city’s leaders are looking at making land acquisitions, most of those are for greenspace and preservation of wetlands that can be primarily left in as-is condition without the need for construction or demolition. In contrast, Soustek said the Wells Fargo property would be “a massive undertaking” for the city.
“It’s not undoable,” she said, “but it’s a dream you have to work on.”
The Wells Fargo bank property, 5327 Gulf Drive, is for sale through JLL, a realty company, for $2.4 million. The 1.66-acre site is situated on two parcels with a two-story bank building and 71 parking spaces, some of which are rented to the adjacent marina and Waterline resort. The property is zoned C3 for high-density commercial use.
Parks members meet on Wednesday, May 5 at 10 a.m. Holmes Beach City Hall for their final meeting before their customary summer break.
COQUINA BEACH – This weekend marks the start of the busy holiday beach season that runs through Memorial Day weekend, and local public safety agencies say they are ready.
Public Safety and local law enforcement agencies held a press conference on March 29 to discuss the measures they will take to keep the public safe.
Beach patrol, law enforcement and EMS will be facing new and unique challenges this year due to the COVID-19 pandemic, Manatee County Public Safety Director Jacob Saur said.
“It’s critical for Manatee County to work in unison with our Island partners and local law enforcement agencies to keep all beachgoers safe so that they have a safe place to enjoy this Island and this community while they’re on break or taking some much-needed downtime from their hectic schedules,” Saur said, reminding residents to expect large crowds during this busy season.
Manatee County Beach Patrol Chief Joe Westerman spoke about the challenges facing lifeguards and first responders as the busy spring and summer holiday season begins.
“We ask a few things of everyone that comes out here. One is to always swim in front of a lifeguard, and check with your lifeguard about what the surf and beach conditions are that day. Also, there is no alcohol allowed on any of our beaches. Also, this isn’t a place to bring pets, we don’t allow any pets on our beaches unless it’s a service animal,” Westerman said, adding that a little planning ahead of time will make for a successful day at the beach.
It takes coordination between multiple agencies to keep the public safe at area beaches. Manatee County Emergency Management Chief Steve Litschauer said 13 different agencies or departments are working together, including all law enforcement agencies on the Island, EMS, Code Enforcement, Property Management and Public Works. Litschauer said communication is essential, and the fact that all 13 agencies are able to communicate effectively is a key factor in the event of an emergency.
Holmes Beach Police Chief William Tokajer took to the podium to reiterate the Island’s zero-tolerance policy regarding alcohol on the beach.
“No alcohol, no pets, no glass bottles, no fires and no grills unless you’re in a grilling area that’s assigned. It’s important to remember that you’re vacationing in a residential area, so keep the noise down to a respectable level, and remember that we still have a mask order in place and social distancing,” Tokajer said, stressing that these laws would be enforced. Tokajer also said that anyone caught drinking alcohol would be issued a fine, and anyone underage caught consuming alcohol would be removed from the beach and their parents would be contacted, regardless of their location.
Chief Tokajer also shared some numbers on just how busy the spring season has been so far this year.
“Between March 1st and March 26th, we have had 650,000 vehicles come to Holmes Beach alone, which is 24,700 cars a day. We have limited parking, so if you want a space, you should come early.”
Parking can often be an issue during the busy spring season, but Longboat Key Police Lieutenant Chris Skinner said his department, as well as others, would strictly enforce parking regulations, and if you park outside designated areas, you should expect a citation. Skinner said his department will increase patrol not only on the streets, but on the beaches as well during this busy season.
Almost exactly a year ago, the agencies were working together to close the beaches because they didn’t know what to expect from the pandemic. Now the same agencies are once again working together to prepare for what will likely be larger-than-normal crowds at area beaches. As more and more people are receiving COVID-19 vaccinations and positivity numbers continue to slowly go down, many have their eyes on Gulf beaches for a much-needed getaway. It’s important to remember, however, that COVID-19 is still a genuine threat, and if you can’t social distance – or wish to visit businesses on the Island – masks are still required.
HOLMES BEACH – Treehouse owner Huong Lynn Tran isn’t answering her phone much these days, afraid of more calls like the one she received earlier this month.
“Everybody on this Island hates you and can’t wait until that treehouse is knocked down,” an anonymous woman caller shouted into her voice mail. “Do you realize there are hungry children right here in Manatee County and you have the nerve to try to set up a GoFundMe page for $200,000 for your legal fees?”
Tran and her husband, Richard Hazen, have accumulated the legal fees defending the elevated, two-story beachfront treehouse they built without permits in 2011, partially – and unlawfully – landward of the erosion control line at Angelinos Sea Lodge, their vacation resort at 2818 Ave. E.
Tran says the call is not the only threatening call they have received.
“This lady claimed many people on the island are just like her and hate us, the idiots with the treehouse,” said Tran, who, with Hazen, has petitioned the U.S. Supreme Court to hear the case. “Why do some people in the city hate us, and the non-native Australian pine, and the treehouse that is now part of the tree? The legal money that the city spent just to force the removal of a beautiful Australian pine tree with a treehouse in it can be used to feed hungry children in Manatee County.”
The couple named both the city of Holmes Beach and the Florida Department of Environmental Protection (DEP) as respondents in the petition before the nation’s highest court. Both responded to the petition last week with legal briefs.
In its brief to the court filed March 26, the city denies the couple’s claim that they have been deprived of “equal access to federal courts to seek equal justice, relief and secure their constitutional rights” and asserts that the city gave the couple fair notice of the consequences of failing to correct the code issues associated with the treehouse.
The treehouse is still standing tall over the sand at Angelinos Sea Lodge in Holmes Beach, but it may not be that way for long if the owners want to keep renting vacation units. – Cindy Lane | Sun
The city has maintained since 2011 that when the couple asked a previous building inspector whether they needed permits for a treehouse, they did not disclose that it would be two stories, 10 feet off the ground and supported by pilings disguised as tree trunks.
Earlier this month, the couple’s fight with the city took a new turn when a special magistrate ruled that Tran and Hazen will not be allowed to lease their vacation rentals until they settle code compliance issues with the city regarding the treehouse. Since the city has decided the couple is not eligible for an after-the-fact permit due to lack of compliance with Florida building codes, demolition is the only remaining option, according to the city building department.
In its brief to the court filed on March 26, DEP agrees with Holmes Beach that the Supreme Court should not hear the case for numerous legal reasons, including that previous lower court decisions were not in conflict and that the appeals court acted appropriately to dismiss the couple’s appeal because evidence was lacking.
“We pay lots of tax money each year in property tax and resort taxes,” Tran said. “Stop wasting our money to fight us. Use our tax money to feed the hungry children, fix broken sidewalks, fix flooded streets, and restore our civil rights and our constitutional rights.”
HOLMES BEACH – City commissioners may have more questions than ever after a lengthy discussion about charging residents a $15 fee for parking decals allowing them to park on designated “permit-only” streets in residential neighborhoods.
Since the Island hosts thousands of visitors each month, and the majority arrive by motor vehicle, the parking of these vehicles on residential streets to gain access to Gulf beaches is an obvious concern for residents, especially now, during spring break and the busy spring tourist season. Holmes Beach Ordinance No. 20-10 was established to provide controlled parking in residential areas by permit.
The Holmes Beach City Commission – Jason Schaffer | Sun
Commissioner Jayne Christenson proposed the adoption of a resolution to eliminate the $15 fee currently in place to obtain a parking decal from the city.
“I would like to propose two things,” Christenson said: “That we either do away with the fee completely; I don’t believe that residents should be charged a fee to be able to park in front of their own homes. If we can’t compromise on that, possibly what an alternative could be, if you live on a permit-only street, you shouldn’t have to pay.”
Personally affected by this fee, Christenson noted that she has four vehicles, which means $60 to her.
Christenson
“I refuse to pay $15; it’s the principle of the matter,” she said.
Commissioner Christenson also suggested that money from a $1.8 million grant that the city is getting from either the county or state could be moved around to offset the permit fee for residents. She was not specific on the grant, its intended use or how this movement of money would take place.
Chairperson Jim Kihm joined the discussion saying, “If we didn’t charge a permit fee, everybody would want a permit, and the administration cost would be very expensive for the city.” Kihm offered a compromise, suggesting the first parking decal could be free to residents, and subsequent decals would remain $15.
Commissioner Terry Schaefer pointed out that very few of the permits had been issued in the six months since they began, and that based on the number of permits obtained (171), there didn’t seem to be a lot of interest from residents. He also said that he supported the $15 fee and it was a “nominal cost.” The fact that the fee was low was echoed by most of the commissioners, as well as by Mayor Judy Titsworth and Police Chief William Tokajer. Commissioner Christenson seemed to be the lone holdout on the amount of money.
“Since March 1st, the city has issued 267 tickets, and only 13 of those tickets were for parking without a permit in permitted areas, which means the system is working well,” Tokajer said.
Speaking about Chairperson Kihm’s suggestion to offer the first permit free, Tokajer said, “If you give one permit free, you give the permit to residents who live on a permit parking road, not the entirety of the city, because that would give 4,000 residents the opportunity to come to city hall and get a permit without paying anything. That would be costly in generated time and work from the city.”
While it seemed a compromise on the matter was soon to come, the debate had just begun.
The mayor took to the podium multiple times during the lengthy discussion, pushing to keep the fee in place.
“People do not like taxes, so we’re trying to base fees on who is using them. There is a perk for people who live on permit parking-only streets. They don’t have off-Island people parking on their streets,” Titsworth said.
Commissioners Carol Soustek and Kim Rash didn’t seem to have a problem with the fee either, but were on board with the idea of the first permit being free.
Once the majority of commissioners were in agreement that one free permit per resident was a plausible compromise, it remains for them to decide if this will apply to only full-time residents or all homeowners, which would include those who own property, but mostly used that property as a vacation rental.
ANNA MARIA – Anna Maria resident Jennifer Kaleta recently discovered the hard way that city code prohibits live chickens and chicken coops.
During public comment at the March 25 Anna Maria City Commission meeting, Kaleta asked the commission to consider revising the city’s existing chicken coop prohibitions.
Sec. 114-417 of the Anna Maria code of ordinances states: “No livestock, fowl or domestic animals other than ordinary household pets shall be kept or maintained in any district.”
When addressing the commission, Kaleta said, “I’m a single mom with three kids,” and she noted her children are 5, 7 and 10 years old.
“A year ago, in February, when the world shut down due to the pandemic, I was home with three kids. I looked at the possibility of getting chickens. I found a city code that stated we could have them. Fast forward a year and I get the dreaded call: ‘Jen, you cannot have chickens.’ When I went back to find the code that I had read, it was for Holmes Beach. Needless to say, we’re devastated,” Kaleta told the commission.
“The chickens taught my kids a huge sense of responsibility and we had farm fresh eggs that we ate almost every day. They fed them, played with them, cleaned their coop and every night made sure the coop was closed up tight so they were safe. As crazy as it sounds, they became a part of our family and we are completely devastated,” she said.
“Had I known, I would have come to you a year ago to see if the code could be adjusted. Holmes Beach, Manatee County, the city of Bradenton and the city of Palmetto all allow chickens with strict guidelines. I am here today in hope that you will consider changing the code to allow the kids and I to have our chickens – and mirror the code that Holmes Beach put into place back in 2014,” Kaleta said.
The city of Anna Maria prohibits chicken keeping within the city limits. – Jennifer Kaleta | Submitted
After speaking, Kaleta provided the clerk with copies of the Holmes Beach code to share with the commissioners. Neither the mayor nor any of the commissioners commented on her request to reconsider the city’s existing chicken-keeping prohibition.
Before leaving the commission chambers, Kaleta told The Sun the family’s chickens are currently living at her brother’s house.
Holmes Beach codes
Sec. 10-4 of the Holmes Beach code of ordinances is titled: “Keeping of chickens within the city limits.”
According to the Holmes Beach code of ordinances:
No more than four chickens may be kept, with roosters prohibited.
No person shall slaughter any chickens.
The chickens shall be provided with a movable covered enclosure, i.e. ‘henhouse/coop,’ and must be kept in the covered enclosure or a fenced enclosure at all times.
Chickens must be secured within the movable hen house/coop during non-daylight hours.
No covered enclosure or fenced enclosure shall be located in the front yard, nor shall the henhouse/coop be closer than ten feet to any property line of an adjacent property, nor within 25 feet of any adjacent residential structure.
Odors from chickens, chicken manure or other chicken-related substances shall not be detectable at the property boundaries.
The henhouse/coop must be impermeable to rodents, wild birds, and predators, including dogs and cats.
Enclosures shall be kept in neat condition, including provision of clean, dry bedding materials and regular removal of waste materials.
All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rodents or other pests shall be kept in secure containers or otherwise protected.
The sale of eggs or any other chicken products generated in the city is prohibited.
According to the Holmes Beach ordinance, “Nothing herein shall affect the ability of private property owners and/or neighborhoods to create and/or enforce private restrictions – which may provide more stringent regulation of chicken keeping than provided for herein, including the prohibition of chicken keeping.”
The Bradenton Beach code of city ordinances does not address chickens or chicken keeping.
Former Holmes Beach Planning Commissioner Sylvia Harris was honored during the City Commission meeting on March 23.
“She’s a remarkable lady,” Mayor Judy Titsworth said. “She’s been with us forever, and I appreciate all the time and effort she put into her position on the Planning Commission.”
Following the proclamation, Titsworth then handed a plaque to City Clerk Stacey Johnston, who accepted the honor on behalf of her colleague and friend Harris, who was not able to be in attendance.
“Sylvia Harris, if you’ve never met her, you should,” Johnston said, before remarking on Harris’ more than two decades of public service.
Harris resigned her position with the city in January. But based on the kind words and round of applause from everyone in the room, her service will be remembered and appreciated for a very long time.
HOLMES BEACH – The owners of Angelinos Sea Lodge will not be allowed to lease their vacation rentals until they settle code compliance issues with the city, a special magistrate has ruled.
Settling those issues likely means demolishing the two-story beachfront treehouse they built without permits in 2011, partially on the erosion control line at 2818 Ave. E.
During the March code compliance hearing, special magistrate Michael Connolly ruled that Lynn Tran and Richard Hazen are violating the city’s codes by leasing their vacation rental units, ordering them to cease until they obtain valid vacation rental certificates (VRCs). They also must refrain from advertising the property and pay hearing costs of $127.24. Another hearing will be required to assess the $250-per-day fine requested by code officers, he said.
During the past decade, the couple has been able to legally obtain VRCs for each of the four rental units on their property. City Code Compliance Supervisor James Thomas said that the VRCs were issued to the owners despite pending code enforcement issues on the property, namely the treehouse. With legal action on the code enforcement issues complete, city leaders, on recommendation from legal counsel, denied the renewal of the couple’s four VRCs when they expired Nov. 2, 2020. In an October 2020 letter to Tran and Hazen, code officers stated that the VRCs could not be renewed by the city until all of the code issues on the property were resolved and fines were paid or otherwise settled.
As of March 17, the code enforcement fines were $198,485.17 and growing daily.
The only options to clear up the code issues concerning the treehouse are to remove it or obtain after-the-fact permits for it, according to Thomas. When city building officials determined that the treehouse didn’t meet Florida building codes and is not eligible for the permits, demolition emerged as the only option to resolve the code issues.
The couple, represented by attorney Bruce Minnick during the hearing, was brought before the special magistrate on the allegation that they are continuing to rent the units without VRCs or resolving the code issues on the property.
While Thomas said he hasn’t found advertising online for the property in the last three months, he said he has been to the property several times and observed what appeared to be rental activity. He said he gave a notice of violation to one of the owners of the property on Dec. 28.
Minnick said that due to pending litigation in the U.S. Supreme Court and courts in Florida and Manatee County, the special magistrate hearing shouldn’t even be taking place. He argued that his clients have a state license to operate the rentals and were unfairly denied the VRCs by the city after having them previously issued and renewed by the city. He said the rentals are the couple’s primary source of income, adding, “My clients are constitutionally allowed to make a living.”
Minnick also warned that if the city’s leaders decided to keep going down this path that there would be further litigation.
“The city and its attorneys are intentionally violating the constitution of the United States,” he said.
