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Special magistrate to levy fines in October

Rental property owners could be fined in October

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

HOLMES BEACH – Special Magistrate Michael Connolly is offering one last chance for property owners to come into compliance with his previous rulings on code violations before he levies fines in October.

Code compliance officers presented several cases before Connolly during a Wednesday, Sept. 16 hearing held at Holmes Beach City Hall. Seven of the cases presented were continued to a future hearing for reasons including pending potential changes to the city’s sign ordinance.

While those cases are set to be heard at a future special magistrate hearing, the cases that most concerned Connolly are the five in which he’s already ruled on alleged code violations and property owners have yet to come into compliance with local and state codes or his rulings.

During the September hearing, he gave the property owners a warning – if they don’t come into compliance before the next special magistrate hearing, scheduled for 10 a.m. on Wednesday, Oct. 21, he’s going to start instituting fines.

Anna Maria Island Inn

Three cases involve The Anna Maria Island Inn, 3501 Gulf Drive.

Speaking for the city, attorney Erica Augello said that the property’s sign, advertising daily rentals in a short-term rental zone, has been changed, but that the property’s advertising had not been brought into compliance. According to the special magistrate order, the resort’s owner, Shawn Kaleta, had until Sept. 18 to achieve full compliance with the order.

The order also states that the owner needs new, valid vacation rental certificates for the new units and to apply for demolition permits and demolish two illegally-constructed rental units on the bottom floor of the building. During a previous hearing, it was determined that the two ground floor units, located beneath the flood level established by the Florida Building Code, were constructed by a prior owner without permits, however, it was ruled that they’re now the current owner’s problem and cannot be rented.

Najmy argued that the owner has applied for the permits but the applications didn’t meet the city’s requirements for approval. He said he felt the requirements for approving the permits supplied by Schwartz are “overreaching.”

Augello also said that city code compliance officers have photographs alleging that the units are still being rented in violation of city codes and the special magistrate order. Speaking on behalf of the owner, Najmy said that the units are not being rented but that there are owners using the property. Connolly advised that Najmy may want to have those owners testify during the next special magistrate hearing when he’ll consider the fines.

Bali Hai

Two of the cases involve the Bali Hai Beach Resort, which is also the subject of a lawsuit with the city of Holmes Beach. The first case concerns work done on an accessory building without permits in violation of local and state building codes. The second case concerns selling alcohol on the premises without an approved site plan from the city; the alcohol sales are taking place in the accessory building.

The September special magistrate hearing was held two days before the deadline Connolly gave the property owner to submit a site plan for review and get the required building permits.

Augello said that the site plan has been submitted and is currently under review. To be approved, she said the site plan has to first go through a development review committee, then go to city commissioners for a work session and then a public hearing.

“There’s no way that they could’ve come into compliance by that date,” she said of the Sept. 18 deadline given by Connolly.

Where the property owner is still out of compliance, Augello said, is that none of the required building permits for work already done have been granted.

Representing the property owner, Bali Hai JV LLC, and manager Shawn Kaleta, was attorney Louis Najmy. Najmy argued that the permits have been applied for, but the applications were denied by the city’s building official. Building Official Neal Schwartz said that additional information is needed and the permit applications have to be resubmitted to be considered for approval.

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Holmes Beach logo OLD

Commission approves first budget reading

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

HOLMES BEACH – It took a little while to work out, but commissioners and city staff finally have a budget and a millage rate that they can agree on.

Commissioners voted unanimously to approve the proposed millage rate and the proposed budget, both of which underwent some changes since they were last discussed during budget workshops.

One major change is that instead of increasing the millage rate, it will remain the same at 2.25 mills for the upcoming 2020-21 fiscal year, which begins Oct. 1. The millage rate is the amount charged in ad valorem property taxes per $1,000 of the taxable value of the property. Though the millage rate remains the same, due to property value increases it represents a 4.61% increase in rates over the previous year. The rollback rate is 2.1641 mills. The rollback rate is the millage rate that would bring in the same amount of tax revenue for the city as the previous fiscal year.

The proposed budget for the city is $17,879,270 including $8,492,673 in carryovers and reserves. City treasurer Lori Hill plans for a break-even budget. During the Sept. 10 meeting, Hill told commissioners that some expenses, such as new computers and phones for commissioners, had been removed from the budget and pushed to future fiscal years.

She added that some revenue sources, including the fifth cent gas tax, half-cent discretionary tax and FEMA monies expected by the city, had increased since the previous hearing. Total funds from the fifth cent gas tax are estimated at $70,225 with the half-cent discretionary tax coming in at $614,171. The increases amounted to about $85,000 over the previously anticipated amount of state funding, giving the city a planned $803,160.

Local revenues, Hill said, are planned to bring in about $27,000 less than previously estimated, bringing that number to $8,583,437, including the property taxes paid by Holmes Beach property owners.

While it sounds primarily like good news, Hill said that year over year, last fiscal year as compared to the coming one, the city is poised to lose about $125,000 in state revenue and about $145,000 from local revenue sources. She did note that there is an approximately $100,000 increase in estimated stormwater revenue due to FEMA funding. Locally, the city-assessed stormwater fee is estimated to bring in $423,132 in additional funding over the previous year, a total of $1,391,554. Hill said that the city also is poised to receive $500,000 in grant funding for stormwater improvement projects.

She estimates the city will have $4.7 mil in rollover cash at the Sept. 30 end of the fiscal year. This will leave the city with an unrestricted reserve amount of 24.69% of the city’s total budget, meeting the Florida League of Cities’ suggested cash reserve amount to fund ongoing operational costs.

“In the eight years I’ve been here, this is the lowest year-over-year increase in expenses we have had,” Hill said. She estimates the city’s expenditures have increased by about 3% from the 2019-20 fiscal year.

The budget for mayor and commission was reduced to $200,403. Commissioner Jim Kihm, who had previously offered to give up his stipend if it put the city in a better financial position, said he had requested that Hill reinstate his salary since the city’s financial needs were able to be met without increasing the millage rate. Commissioner Kim Rash had also made the offer to forgo his salary in the best interests of the city but since he is up for re-election in November, only Kihm’s salary had been removed from the budget.

The general government budget topped out at $1,783,926 with no major changes from the previously proposed budget.

The code compliance budget came in at $590,666 including increases in the budget for special magistrate hearings and $12,000 for special magistrate hearing engineering if needed.

The budget for the Holmes Beach Police Department topped out at $3,616,206, an increase of about $45,000 due to previously unanticipated increases in insurance costs and $35,000 for the purchase of body cameras for officers.

Public works showed increases in that department’s budget, which comes in at $1,971,893, due to funding for some projects being moved into that department, including the reserve funding from the Hagen Foundation for lighting the shuffleboard and bocce ball courts, Hill said.

The building department’s budget came in at $866,406, including an increase for additional staff training to reduce outsourcing.

Commissioners thanked Hill and the city staff for working to find a way to meet the city’s needs without increasing the millage rate.

“I think it’s a very fair budget,” Commissioner Terry Schaefer said.

“This is a very difficult budget year for the city,” Commissioner Jim Kihm said. “I think it’s a good budget and one that I can support.”

Commissioners will host a second public hearing and final vote for the millage rate and budget on Tuesday, Sept. 22 at 6 p.m.

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Commissioners extend mask ordinance into 2021

Holmes Beach extends mask ordinance into 2021

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

HOLMES BEACH – After being extended by Mayor Judy Titsworth on a weekly basis three times, commissioners have voted unanimously to extend the mandatory face mask ordinance for a little longer – until their first meeting in January 2021.

The city’s initial ordinance requiring anyone in a Holmes Beach business or public building to wear a face mask, unless exempt by a health condition or age, was adopted by commissioners June 25 and expired on Aug. 25. Since the expiration, Mayor Titsworth has been extending the ordinance for seven days at a time under a mayoral directive allowed by the city- and state-declared states of emergency. Currently, the Florida state of emergency, extended by Gov. Ron DeSantis, is set to expire in early November, though city attorney Patricia Petruff said she expects the state of emergency to be extended again due to the COVID-19 pandemic.

Commissioners agreed to take the burden of extending the mask mandate off the mayor’s shoulders and extend it for a period longer than seven days. After discussing several different end date options, they settled on the end of the year, amending the end date to their first meeting in January. The decision was made to extend it into 2021 to avoid any potential lapses in the mask regulations in case the mask mandate needs to be extended again due to the threat of the coronavirus.

Commissioner Terry Schaefer said if the threat of the virus has receded prior to the expiration of the ordinance, commissioners can vote to rescind the mask mandate.

Holmes Beach Police Chief Bill Tokajer said the mask mandate has been working well and that enforcement also has gone well with the city’s business owners supporting the measure. He added that his officers are doing spot checks at local businesses to ensure compliance and that only one issue has arisen where a business manager called the department because a patron refused to wear a mask while inside. Tokajer said the individual was cited for trespassing and removed from the property.

Commissioner Pat Morton said he felt the ordinance was working well to help protect both visitors and residents from the virus’ spread. Commission candidate Jayne Christenson agreed, adding that she thinks it’s a good ordinance.

Because the ordinance was enacted to address a declared emergency it does not have to have a second reading or vote, which is normally required for ordinance approval in Holmes Beach.

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Welcome home Roger

Saying goodbye to Roger

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

HOLMES BEACH – If you travel down Gulf Drive, you may notice that something’s missing.

Roger the mannequin, a beloved neighborhood personality, is gone.

Roger sat on a second-floor balcony at Maggie Patall’s home, watching over Gulf Drive and giving a friendly wave to passersby. Patall dressed Roger up for every occasion from Easter to Halloween, New Year’s Eve and every holiday in between. Neighbors and visitors alike say that they always looked forward to visiting Roger and seeing what he was up to.

While Patall slept on Thursday night, Aug. 20, someone managed to climb to the second-floor balcony where Roger sat and took the mannequin. Patall didn’t notice the theft until Friday and she contacted the Holmes Beach police, who are looking into the case. A local Holmes Beach resident, Gale Tedhams, said that she saw a mannequin torso on the beach early Friday morning. The mannequin torso was reported to authorities and picked up by a Manatee County Sheriff’s deputy, then later claimed by HBPD officers.

Saying goodbye to Roger
Maggie Patall gives Roger the mannequin a smooch after dressing him up for Halloween. The tuxedo jacket Roger is wearing and the one that Patall hopes is found, belonged to her late husband, Peter. – Submitted

No other pieces of Roger have been found.

A shark attack has not been ruled out.

Once the community found out about Roger’s theft, social media posts spread with people expressing their sympathy to Patall and trying to find the missing mannequin.

“The neighborhood and community have been so wonderful,” Patall said of the support she’s received. “It’s heartwarming to see the concern expressed by neighbors and the local police.”

And while Patall mourns the loss of Roger, what she really misses is what he was wearing – her late husband’s tuxedo jacket. When the torso was found, the tuxedo jacket was nowhere in sight. Patall asks that anyone with any information on the theft or the location of the missing tuxedo jacket contact the HBPD at 941-778-COPS (2677).

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Welcome home, Roger

City leaders, resort owner face off in court

City leaders, resort owner face off in court

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

MANATEE COUNTY – A disagreement between Holmes Beach city leaders and the ownership at the Bali Hai Beach Resort has escalated, resulting in two hearings held the week of Aug. 17.

On Aug. 19, two issues involving the Bali Hai were brought before city special magistrate and attorney Michael Connelly for review. The first was construction work done without a permit and in violation of a stop-work order. The second was alcohol sales on the premises without an approved site plan. Arguments on those same issues came before Manatee County Judge Charles Sniffen during a hearing Aug. 21 on the city’s complaint for injunctive relief and motion to compel the defendant, Bali Hai JV LLC, to respond to the city’s complaint.

In the Aug. 21 court hearing, Sniffen ruled that the hotel’s ownership has five business days, until Aug. 28, to respond to the city’s complaint. The city’s motion for an injunction, to stop occupancy of and business in a small two-story accessory building on the property, was continued to a future date as the questioning of witnesses and presentation of evidence went over the time limit allowed.

Attorney Erica Aguello, speaking on behalf of the city, said that city leaders are seeking an injunction to stop alcohol sales on the property without an approved site plan and stop occupancy of the building until permits can be secured and work completed on the second floor of the building.

The Bali Hai is currently owned by Bali Hai JV LLC, a Florida limited liability company that lists law firm Najmy Thompson P. L. as the registered agent and local developer Shawn Kaleta as the manager of the LLC. During the hearing, attorneys for the defense acknowledged Kaleta as the owner of the hotel.

The city’s issues with the Bali Hai began in late January, according to evidence submitted by the city. During the evidentiary hearing, Building Official Neal Schwartz said that he was called out to the site Jan. 24 by code compliance Officer James Thomas to investigate work being done on the accessory building without a permit.

A photo taken in January shows the partially demolished state of the upstairs section of a two-story accessory building at the Bali Hai. – Submitted

Schwartz said the first issue he noted was that railings were being replaced on the second floor of the accessory building without a permit or city approval of the railing material to make sure it meets Florida Building Code standards.

Upon further inspection, Schwartz said that part of the upstairs of the building had been gutted down to the studs without permits and that office workers were occupying another area while work was going on, also in violation of building codes. Since it was now a life safety concern, he said that West Manatee Fire Rescue Fire Marshal Rodney Kwiatkowski was called out to the scene and ordered the second-floor egress onto the balcony to be boarded up and the office workers to evacuate the building.

Meanwhile, Schwartz issued a stop-work order on the accessory building until permits could be granted for the work being done. He said that at the time, the bottom floor of the building was being used as a storage room. Schwartz said he did later give property management permission to paint the walls and the floors of the downstairs room since that type of work would not require a permit.

This photo, submitted into evidence during an Aug. 21 hearing, shows the state of the lower floor of the accessory building, seemingly being used for storage in late January. – Submitted

When Schwartz and Thomas returned to the property in March, Schwartz said that there was a significant change in the downstairs area, primarily that it appeared to have been renovated and was in use as a bar and lounge area with an adjacent storage area in the back.

While having an onsite bar, restaurant or lounge is an approved accessory use in Holmes Beach for a hotel, it is required that the hotel’s owners submit a new site plan for approval by the city before any alcohol sales take place on the property.

While Schwartz admitted that some of the work done on the bottom floor of the accessory building, such as painting and installing shelves, didn’t require a permit under cross-examination from attorney Jason Miller, speaking on behalf of the owner, he said some of the work, such as remodeling bathrooms, did require a permit and was done in violation of a stop-work order.

Miller argued that the work done in the accessory building didn’t require permits and that the issues between the resort owner and the city were the result of several miscommunications on behalf of the city’s representatives.

When code compliance officers revisited the property in March, they noticed a large change in the bottom floor of the accessory building, primarily that work had been done without consulting the city and that it was now open as a bar and lounge. – Submitted

When the court hearing continues, Sniffen will hear more from Schwartz along with testimony from City Planner Bill Brisson as well as witnesses for the defense. As of press time for The Sun, the continuation of the hearing had not yet been scheduled.

Many of the same points were put before Connelly during the Aug. 19 special magistrate hearing. Connelly ruled that the property owner had 30 days from the hearing date to obtain permits and start renovations on the top floor of the building as well as 30 days to obtain a site plan approval from the city. He did not address whether or not service in the bar/lounge area was required to stop until compliance with city and Florida building codes was achieved.

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Holmes Beach logo OLD

Special magistrate rules on seven code issues

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

HOLMES BEACH – Attorney Michael Connelly had his hands full on Aug. 19 when he reprised his role as the city’s special magistrate, hearing seven code compliance hearings in one day.

The first case involved cabanas, wood decking and electrical work at the recently renovated Anna Maria Beach Resort, 6306 Gulf Drive, formerly known as the Blue Water Resort. Code Compliance Supervisor James Thomas presented evidence, along with Building Official Neal Schwartz, that there were no permits filed or issued for the poolside cabanas, the electrical work or the wood decking by the pool. Speaking on behalf of the owner, attorney Aaron Thomas said that his client was attempting to work with the city to correct the issues. Connelly ruled that there was a violation on the wood decking and electrical work and gave the owners 21 business days to provide requested supplementary data. The city has 10 days after that to review the data and determine the next steps, if permits can be issued or if a full site plan review needs to take place. Joseph Varner, of Anna Maria Vacations in Holmes Beach, is listed as the Blue Water Resort AMI LLC’s manager by the Florida Division of Corporations.

The second case involved a home owned by 305 73rd LLC at 305 73rd St. that had been tagged as a dilapidated and unsafe structure. Developer Shawn Kaleta is listed as manager. Thomas said the first notice of violation was posted at the home, which was then open to the elements in a state of construction with an overgrown yard and building materials scattered across the property.

Thomas said it took until Aug. 3 for the structure to be boarded up against intrusion and it was the city that hired the contractor to complete the work. Schwartz said that before the property was seemingly abandoned, there was an active permit to replace the roof, but that construction had clearly gone beyond the scope of work with the entire building gutted. He issued a stop-work order on the property and has been working with the contractor on the project, whom Schwartz said has neglected to turn in proper paperwork to have the stop-work order removed.

Special magistrate rules on seven code issues
Attorney Michael Connelly serves as the Holmes Beach special magistrate during a series of code compliance hearings Aug. 19. – Submitted | Sun

Connelly ruled that the property owner has 30 days from the date of the hearing to obtain a permit and begin either rehabilitation or demolition of the structure. He also ordered a fine of $250 per day beginning on Aug. 19 and that the owner pay $127.24 in administrative costs.

Two cases were heard in one hearing, both of them involving the Bali Hai Beach Resort, 6900 Gulf Drive. The first case involved work being done on a small building on the property without a permit and the second for alcohol sales on the premises without an approved site plan. Connelly ruled that there was a change in use on the property without an approved site plan and that work was done without a permit and construction work was done with an outstanding stop-work order issued.

Connelly gave Shawn Kaleta, listed as manager of Bali Hai JV LLC, 30 days to obtain permits and start construction on the property and 30 days to obtain the necessary site plan approvals. He ordered Kaleta to pay $127.24 in administrative fees for both cases and said he would schedule a hearing to impose fines once the structure is brought into compliance.

Kaleta came under fire again in the final three hearings, which were combined into a single hearing. The property in question this time was The Anna Maria Island Inn, previously known as the Pirate’s Den, at 3501 Gulf Drive. The code issues Thomas said he found with the business include renting vacation rental units without vacation rental certificates (VRC), work done without permits and a zoning violation for renting units daily in an R-4 zone, where rentals must be seven days or more.

Part of the case presented by the city involved two bottom floor units that Schwartz said were constructed in a previous storage area without permits and below allowable elevation for the area under the Florida Building Code for the time when the building was first erected.

The attorney for the owner, Louis Najmy, argued that the property was purchased during the COVID-19 pandemic and that the two bottom floor units were already in place and that the property has a history of renting units for a single night. He added that the rentals are taking place with VRCs in place, but that the VRCs aren’t in the current owner’s name. He said that the bottom two units have ceased to be rented until an agreement could be reached with the city but that the remaining units have guests and future reservations.

Connelly ruled that there were multiple violations on the property and ordered that the signage and advertising be changed to remove the daily rental option. He also gave 30 days for the owner to obtain permits, complete work for A/C units that were installed incorrectly, and remediate the bottom units, returning the area to storage space. He ordered the owner to pay $127.24 per case but no fines unless the property isn’t brought into compliance within the specified amount of time. He also ordered that the remaining units cannot be rented until new VRCs can be obtained in the current owner’s name. The VRCs cannot be issued by the city until the property is brought into compliance and the stop-work order issued for the A/C units and plumbing work done without a permit is removed through proper permitting.

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Reef project helps filter local waters

City creates adopt-a-reef program

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

HOLMES BEACH – Commissioners support The Center of Anna Maria Island’s mini reef project, however, budgetary concerns have them hoping that residents will donate to purchase a reef instead of the city spending tax dollars.

Commissioners Kim Rash, Terry Schaefer and Carol Soustek voted to institute an adopt-a-reef program to help further the request of The Center’s Director of Development, Jim McDaniel, for 20 mini reefs.

The project would place the reefs in the waters around Anna Maria Island, primarily underneath city-owned docks, at a cost of $7,300. After hearing from McDaniel, commissioners discussed the prospect of buying the requested reefs. While they said they consider the project a worthwhile endeavor to help clean the waters around the Island, with the budget constraints the city is already facing in the coming fiscal year, they didn’t feel that the added expense was one they could bear.

After consulting with City Treasurer Lori Hill, commissioners discovered that they couldn’t use funds donated by the estate of Billie Martini for the purchase, and decided that they also couldn’t in good conscience use taxpayer ad valorem funds, which are forecast to be less than what the city needs in the coming fiscal year. The adopt-a-reef program was a compromise, putting the approval of Holmes Beach city leaders behind the project without committing any city funds.

Under the adopt-a-reef program, Holmes Beach residents, business owners and other community members are encouraged to adopt one of the reefs, to be placed in approved spots underneath city-owned docks. The reefs are $365 each to purchase, which includes the reef and installation by Ocean Habitats as well as a donation to The Center.

Mayor Judy Titsworth said that while she appreciates what The Center is trying to do for the community and its waters with the mini reef project, she’s more in favor of seeding clams or scallops which leaves no unnatural products in the water and also works to clear the water of contaminants. She also expressed concern that installing the reefs underneath the city-owned T-end docks might dissuade people from wanting to rent the docks for their boats. She also worried that the floating mini reefs might rub up against boats.

Commissioner Pat Morton agreed that he would prefer a natural solution to local water issues instead of supporting the reef project. Commissioner Kim Rash said that while he supports a natural approach, he also supports what The Center is doing and that they have a solution being implemented now. Commissioner Jim Kihm said that he shared some of the mayor’s reservations, particularly when there are other options available.

To donate to The Center’s reef project, visit the website or contact the nonprofit at 941-778-1908.

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Holmes Beach takes home six Bert Harris wins

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

MANATEE COUNTY – Holmes Beach Mayor Judy Titsworth is celebrating after receiving six judgments from Manatee County Circuit Court Judge Charles Sniffen ruling in favor of the city in the Bert Harris Jr. Act cases.

The six cases all involve occupancy arguments with property owners arguing that the city’s limitation on vacation rental occupancy – two per bedroom or six people total – devalue their property. In all six cases, Sniffen ruled against the property owners, stating in the rulings that the first application requirement of the Bert Harris Jr. Act was not met.

The Bert Harris Jr. Private Property Act was enacted in 1995 by the State of Florida to provide a way for private property owners to resolve disputes between themselves and a government entity they believe has inordinately burdened the use of their property. In these cases, Sniffen ruled that the property owners were not inordinately burdened by the city’s occupancy restrictions.

The property owners are Shawn Kaleta at 204 72nd St., Shawn Kaleta d/b/a 302 55th LLC at 302 55th St., Brian Wien at 111 81st St., Shawn Kaleta d/b/a 307 66th LLC at 307 66th St., R. Carlile Roberts at 6422 Gulf Drive, Unit 5 and Robert and Michele Carl at 118 50th St., Unit A.

Without property owners applying to the city for a variance or some other relief from the occupancy limitation and receiving a formal denial of a written request, the first application requirement was not met.

The rulings bring all six cases to a close unless there is an appeal filed by attorneys on behalf of the property owners.

Titsworth said that she is very happy with the rulings and hopes to soon see an end to the Bert Harris cases which have cast a shadow over city hall since 2017.

While the six cases mark a win for the city, Holmes Beach city leaders are not out of the woods yet.

Cases brought against the city by property owners Mojito Splash LLC, Coral Escapes of Holmes Beach LLC and AMI Breeze LLC have been filed with the U.S. District Court for the Middle District of Florida for an appeal of the Manatee County ruling against their cases earlier in 2020 by Judge Edward Nicholas. No hearings have yet been set for these appeals.

More than a dozen Bert Harris cases are still pending in Manatee County Circuit Court with several having motions for more time to provide answers to the city’s discovery queries heard during an Aug. 31 hearing. Several other cases were given a similar extension in July with an Aug. 10 deadline. No further hearings have yet been set in those cases.

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Waterline resort units on sale now

Waterline resort units on sale now

Written by SUN contributor on . Posted in Business, Real estate | Development.

HOLMES BEACH – If you’ve ever dreamed of owning a piece of the Waterline Marina Resort and Beach Club, now is your chance.

The 37 two-bedroom, fully furnished units went on the market at 10:08 a.m. on Aug. 8. Pricing for the units starts in the low $500,000s. Interested buyers can contact the sales office at 727-379-4656, email waterline@cbrealty.com, go to the realty website or visit the onsite sales office at 5325 Marina Drive in Holmes Beach. The sales of the units are a collaboration between hotel developer Mainsail Lodging & Development and Georgia Salaverri of Coldwell Banker Residential Real Estate.

Each of the units, or villas, features two bedrooms, a gourmet kitchen with full-size appliances, living area and balcony. All units are provided to the owners fully furnished. With Waterline remaining a full-service resort, onsite amenities include a meeting room, fitness room, pool, marina access and a full-service restaurant, Eliza Ann’s. Due to COVID-19 precautions, Eliza Ann’s and the hotel’s bar are currently closed.

Owners of the units will be able to stay in the units whenever they’re in town and also put them in a program to be rented as hotel rooms when vacant. All current reservations at the hotel will be honored despite the unit sales. Guests will still be able to make reservations at the hotel through the resort’s website.

The Waterline Marina Resort and Beach Club was developed by Mainsail and opened in December 2017 as the first full-service hotel on Anna Maria Island, located in the downtown commercial district within walking distance to salons, restaurants, shops, art galleries and more. It is part of the Marriott Autograph Collection of boutique hotels.

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County judge leaves Holmes Beach case

County judge leaves Holmes Beach case

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

MANATEE COUNTY – Manatee County Circuit Court Judge Edward Nicholas has recused himself from taking any action in a lawsuit involving both the city of Holmes Beach and the owners of the Bali Hai Beach Resort.

The order of recusal was completed by Nicholas on Aug. 3 and filed with the Manatee County Clerk of Court on Aug. 4. No reason was given for the recusal.

The recusal came after a July 31 order from Judge Charles Sniffen on the city’s emergency motion for ex-parte relief in the matter. The order states that Sniffen reviewed the emergency motion because Nicholas was not available and that he denied the city’s motion. Sniffen additionally ordered that the entirety of the motion and all requests for relief should be heard by Nicholas or another assigned judge on or after Aug. 3.

At press time for The Sun, the case had not yet been reassigned to another judge and a hearing date had not been set.

The case revolves around the city’s assertion that work was done at the Bali Hai without a permit and in violation of a stop-work order issued by Holmes Beach Building Official Neal Schwartz.

According to the lawsuit filed on May 22, Schwartz and Code Enforcement Supervisor James Thomas visited the property on Jan. 24 and observed extensive work being done on the property without a permit. Schwartz issued a stop-work order and notified West Manatee Fire Rescue Fire Marshal Rodney Kwiatkowski that the structure under construction also was being occupied. Kwiatkowski verbally ordered the occupants to cease, desist and vacate the premises.

Schwartz and Thomas returned to the property on March 2 and noted that additional work had been started in violation of the stop-work order. Due to the scope of the work observed, the lawsuit states that the work would require a major site plan review before it could be approved and permitted by the city.

As of the filing of the lawsuit, the city asserts that the resort is still in use and that no permits have been applied for, no site plan has been submitted for review and no certificate of completion, allowing for occupancy of the building, has been issued. As a result of the allegedly unpermitted work, a multi-purpose room was transformed into a bar/lounge area which also is a change of use.

Through the lawsuit, the city seeks an injunction to either comply with the city’s ordinances and codes or to cease use of the building where the work took place until it’s fully compliant with all building codes.

The Bali Hai is a beachfront resort with 43 rooms, a private pool and a private lounge for guests of the resort. The hotel is located at 6900 Gulf Drive in Holmes Beach.

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Mask requirements on Anna Maria Island

Written by Cindy Lane on . Posted in Anna Maria Island, Community News.

Anna Maria Island’s three cities have differing requirements for wearing face coverings during the COVID-19 pandemic.

Anna Maria

Every person working, living, visiting or doing business in the city of Anna Maria shall properly wear a face covering in any indoor location, other than their home or residence, and maintain social distancing from other people, excluding family members or companions.

Exceptions:

  • Children under the age of 2;
  • People for whom a face covering would cause impairment due to an existing health condition;
  • People working in a business or profession who do not have interactions with other people;
  • People working in an office when all interactions with others are done with social distancing as recommended by the CDC;
  • People eating and/or drinking at a restaurant; provided, however, that face coverings must otherwise be worn in restaurants.
  • People exercising and social distancing at fitness centers.

Bradenton Beach

Bradenton Beach commissioners have not passed a mandate on masks, and unless they do, a Manatee County resolution is in effect in Bradenton Beach.

Everyone must wear a face covering while inside a business.

Exceptions:

  • Situations in which individuals maintain 6 feet or more distance between persons. This exception does not apply to employees who are present in the kitchen or other food and beverage preparation areas of a business establishment. Nor does it apply to employees serving food or beverages.
  • Children under the age of 6.
  • People who have trouble breathing due to a chronic pre-existing condition or people with a documented or demonstrable medical problem.
  • Public safety, fire, and other life safety and health care personnel who are already governed by their respective agencies.
  • Restaurant and bar patrons while eating or drinking. Face coverings must be worn when entering and exiting the establishment and while otherwise standing within 6 feet of other patrons.
  • Individuals inside a lodging establishment, including hotel and motel rooms, vacation rentals and timeshares.

Holmes Beach (expires Aug. 25)

Owners, managers, employees, customers or patrons of businesses must wear a face covering while in that business.

Exceptions:

  • Restaurant customers or patrons while dining and/or consuming beverages while seated at a table;
  • Gym patrons in a workout or class where at least 6 feet of distancing exists with the next closest person;
  • Barbershop or beauty salon customers or patrons when wearing a face covering would reasonably interfere with receiving services;
  • Business owners, managers and employees who are in an area of a business that is not open to customers, patrons or the public, provided that 6 feet of distance exists between employees. This exception does not apply to employees who are present in the kitchen or other food and beverage preparation area of a restaurant or food establishment. When an owner, manager or employee is in their place of employment but not within 6 feet of another person, that owner, manager or employee does not need to wear a mask;
  • Bar patrons while consuming beverages and/or food;
  • A lodging establishment guest when inside of the lodging unit including but not limited to a hotel room, motel room, vacation rental unit, timeshare unit or similar unit.
  • When a customer of a business asserts that he or she has a disability that prevents the individual from wearing a mask, the owner, manager or employee of the business may exclude the individual, even if they have a disability, as they pose a direct threat to the health and safety of employees and other customers, even if asymptomatic, and shall accommodate the disabled individual in a manner that does not fundamentally alter the operations of the business or jeopardize the health of the business’s employees and other customers, such as providing curb service or delivery or other reasonable accommodation.

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County Commission adopts mandatory mask resolution

Letter to the Editor

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

Thank you to Commissioners Kihm and Rash for supporting the residents with their vote on the parking decal issue. We personally have not had parking issues in our neighborhood, but for residents who do, we certainly can relate to being the recipients of negative impact, and we will support them on this issue.

Obviously at $15 per decal, this issue for the residents is not about the money, and it should not be considered a “user fee” when residents are merely desiring to live a normal quality of life. There is a bigger picture for them and that is that we are wanting to achieve a balance to preserve our neighborhoods and all the sense that neighborhoods and community bring. We fully understand the mayor’s point of abuse of “freebies.” So the suggestion of the first permit being free, and charging for permits thereafter, was a great, smart compromise proposed by Chair Kihm and concurred on by Commissioner Rash.

For several years many citizens have spent countless hours on research, communications, and attendance at meetings for the betterment of the city. We are familiar with prior issues where there would be a 5-0 preliminary, informal, consensus vote, but then with intervention between the informal vote and formal vote, the concept of preservation of neighborhoods fell through the cracks.

In this same meeting where the decal fees were discussed, residents listened as the city considered $7,300 for reefs, and paying the city planner his hourly wage to review prospects for someone to pocket money from land use not even designated in our code. All of this is occurring during a very tenuous economic climate. This is disheartening to the involved residents to see a reversal of votes, and ultimately have only two of six people on the dais who see the bigger issue and are willing to support a compromise. 

This decal issue is much bigger than the dollar amount that is minuscule compared to other escalating city expenditures now up for discussion in our budget. It is about the few residents remaining who are looking for ways to regain balance in order to live a normal quality of life. It is about residents who have made a commitment to community and preservation of our neighborhoods. 

Dick and Margie Motzer
Holmes Beach

Commissioners seek additional spending cuts

Commissioners seek additional spending cuts

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

HOLMES BEACH – The first budget meeting of the year was a July 7 work session that left commissioners considering hard decisions for the coming fiscal year.

City Treasurer Lori Hill presented a draft of the proposed 2020-21 fiscal year budget that she said could have as much as a 35% reduction in revenue and showed a 1.5% cut in spending from the previous year’s approved budget. With the cut in revenue, to meet expenses and still have enough left in the bank for a recommended 25% of annual expenses operating fund, Hill said the city would need an extra $822,746 to put in reserves. And while the city’s budget was drafted at the previous year’s 2.25 millage rate, the rate charged per $1,000 of assessed property value, Hill said that rate would need to be increased to 2.62 mills to fully fund the deficit.

Commissioners will have to set the maximum millage rate during their July 21 regular meeting. Setting the maximum millage rate doesn’t mean that will be the rate charged to residents, but it will be the highest rate commissioners will be able to charge for the coming fiscal year which begins Oct. 1.

With property values in Holmes Beach increasing, setting the millage rate at 2.25 mills means a tax increase for city property owners. At 2.25 mills, Hill’s draft budget shows a $192,378 increase in ad valorem tax, the amount received from property taxes. If commissioners increase the millage rate to 2.62 mills, it would mean an increase over the increase caused by rising property values of $185 for a home with a $500,000 taxable value, $240 for a home with a taxable value of $650,000 and $316 for a home with a taxable value of $850,000. The increase in taxes is on top of an already approved stormwater assessment increase which Hill estimates will raise those fees an average of $150 over the previous year.

Commissioners Jim Kihm and Kim Rash both said they would be willing to forgo their entire salaries as commissioners to help close the gap in the deficit to not put the burden solely on the city’s residents and property owners. Rash is currently up for re-election on Nov. 3 so he would only be able to follow through on his promise if re-elected. Commissioners are given a stipend of $760 per month for their service to the city. The mayor’s stipend is planned at $2,520 per month for the coming year. Both amounts include cost of living increases.

Kihm said that he feels this will be a “need” year for the city, not a “nice to have” year and encouraged all department heads to take another look at the budget to see what expenses can wait. He suggested considering starting the cuts with the $12,000 budgeted for new computers for the mayor and commissioners as well as holding off on the estimated $33,625 purchase of new agenda management and webcasting software and reconsidering planned new hires.

With a revenue shortfall, he said that spending must be readdressed, that the city can’t afford to spend in a deficit, depleting reserves, and that he’s not in favor of raising taxes.

With residents already anticipating a tax increase, Rash said he’s not in favor of raising taxes further.

Hill said that hopefully within the coming weeks she’ll have a better idea of the amount of revenue to expect from state sources and some clarity on the future of the $51 million in Bert Harris cases facing the city in Manatee County Circuit Court. Currently, in addition to an insurance policy with the Florida League of Cities, the city plans to have $1 million set aside for the cases in reserves by the Sept. 30 end of the current fiscal year that could be added back to the general fund reserve if the cases are settled in the city’s favor. She said the amount of money tied to the cases has also led to a substantial increase in the amount of insurance premiums the city pays.

For the mayor/commission portion of the budget, expenses are expected to come in at $220,337 including the $12,000 for computers, $8,500 for travel and $81,642 for commission and mayoral salaries and associated taxes.

The city’s general government budget, including lobbyists, the clerk and treasurer’s offices, contributions to The Center of Anna Maria Island and other community organizations, professional services, utilities and operating supplies, is estimated to come in at $1,777,634, a decrease of $19,217 over the previous year despite increases in insurance, staff salaries and computer/IT services.

The budget for the Holmes Beach Police Department is anticipated to come in at $3,575,242, just over the previous year’s budget of $3,410,457. The planned expenses include increases in insurance and utility services, as well as an increase of $51,189 in IT services, including a required upgrade to the department’s software at $35,200 to be compliant with Florida Department of Law Enforcement standards. Police Chief Bill Tokajer said he’s applied for a grant to cover the cost of the software upgrade and hopes to receive news that those funds will be awarded soon. Also budgeted is $18,000 for the purchase of a new side-by-side vehicle for beach patrol to replace an aging vehicle that Tokajer said costs more to maintain than it would to purchase a new one. He said he hopes to receive grant funds of $6,000 to help with the purchase. An additional $25,000 is also budgeted to purchase hardware to outsource parking tickets.

The budget for the public works department tops out at $1,824,852, just under the previous year’s budget of $1,830,361 despite increases in insurance, salaries and overtime to accommodate 11 full-time employees and materials/supplies. Two of the budgeted increases questioned by Kihm include $175,000 to dredge Sportsman Harbor and $25,000 to reseal the parking lot at city hall. He also questioned spending $38,000 to update the city’s T-end boat docks with electricity.

Director of Development Services Eran Wasserman said that he would take another look at the parking lot but that issues there will need to be addressed sooner rather than later.

City Engineer Lynn Burnett said that she was applying for grant funds for the dredging project at Sportsman Harbor but that if commissioners took it off the budget, the project wouldn’t be eligible for the grant funds. In order for the project to be eligible for the grant from the Southwest Florida Water Management District, she said the city has to prove that the project is necessary and important. If the grant funds are not received, she said the expense can be postponed to the following fiscal year.

The building department’s budget is expected to come in close to the previous year at $862,363 with the primary difference being in the amount of revenue the department generates. Due to changes in the department’s permit fee schedule, the city’s building department is expected to generate $324,903 less in permit fees than in the 2019-20 fiscal year. Hill said that the department would need about $150,000 more than anticipated revenue for the department to meet its spending for the 2020-21 fiscal year, funds that she said were received in excess by the department during the current fiscal year and have been set aside for the purpose of making up lost revenue in the coming year.

The Code Compliance department had the biggest jump in anticipated spending with an increase to $566,471, an increase of $90,007 over the 2019-20 approved budget. Helping to make up that increase is $75,000 for court recorders for special magistrate hearings, a $13,400 increase in insurance and $25,000 for a consultant to evaluate how the department is run and suggest new policies, procedures and best practices designed to make code compliance more efficient, lessen response time and ultimately save the city money, according to Wasserman.

Where city leaders expect to be hit hardest is in stormwater and infrastructure funds and improvements.

Hill is expecting funds for the half-cent discretionary tax and fifth cent gas tax to come in at around 65% of the normal amount due to COVID-19. Despite the increase in stormwater fees, she said the fifth cent and half-cent will both have a negative projected cash rollover at the end of the 2020-21 fiscal year. Hill estimates that the fifth cent tax will have -$138,906 rollover at the end of the current fiscal year and -$328,323 at the end of the 2020-21 fiscal year. The half-cent tax is expected to have -$88,176 at the end of the 2020-21 fiscal year. Burnett said that the city cannot go back on planned infrastructure projects, many of which are ongoing, and that the deficits in spending will have to be covered by the city until FEMA matching funds are received or the revenue from the two tax sources is increased. City leaders also plan to renew their request for $3 million in state appropriations funds for stormwater and infrastructure improvements in the coming legislative session. This year, city leaders were awarded $2 million in appropriations funds but those funds disappeared when Gov. Ron DeSantis cut the state budget before signing it in June.

After the maximum millage rate is set on July 21, commissioners plan to have public hearings on the budget in August and September to set the actual millage rate and approve the final draft of the budget before the new fiscal year begins Oct. 1.

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Commissioners go forward with permit parking

Commissioners go forward with permit parking

Commissioners go forward with permit parking

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

HOLMES BEACH – Commissioners called a special meeting July 7 to vote on the first reading of an ordinance implementing permit-only parking in residential neighborhoods near the beach. The first reading passed with a unanimous vote and will go for a final reading during a July 21 meeting.

The early morning meeting resulted in a few changes to the ordinance as an updated map was presented illustrating the areas throughout the city that are planned to be open for streetside public parking and those where only residents with permits will be able to park on the street.

Commissioners were concerned with putting the cost of the permit parking program on the city’s residents, proposed at $20 per permit to be renewed annually. Commissioner Kim Rash said he didn’t agree with charging people to park on the street in front of their own homes. With the coming 2020-21 budget already a concern for city leaders due to lower than usual expected revenues from state funding sources, Commissioner Carol Soustek suggested raising the city’s parking violation fine from $50 to $75 to absorb the cost of the permit program.

Though commissioners informally agreed to the raised fine amount, City Attorney Patricia Petruff said it would take the approval of a separate ordinance to raise the parking fine amount.

Chief Bill Tokajer said signs would be installed in the coming week at beach access points designating golf cart-only parking spaces. Under the permit program, golf carts also will be able to take advantage of the permit-only street parking, however things get a little complicated depending on what kind of golf cart is being used. A regular golf cart, one that doesn’t require a tag or registration with the Florida Department of Motor Vehicles, can be parked anywhere in the permit parking zone without a permit from the city. A low-speed vehicle, or LSV, a golf cart or other vehicle not a car or truck that does require a license plate and DMV registration, will be able to park in the permit only zone but will require a permit sticker issued by the city.

Though commissioners discussed making the permit parking 24 hours a day every day, after much discussion and input from Tokajer they opted to start out with permit parking from 9 a.m. to 5 p.m. daily, allowing public parking on the street in the residential area after 5 p.m. so that people can have a party or dinner guests without having to contact the police department first to get passes for guests to park on the street. For residents choosing to have guests during the permit parking- only hours where parking cannot be accommodated on their property, they will still need to contact the police department to get authorized parking passes for guests or ask for a bag to be placed over the permit only signs while their guests are present.

Tokajer did say it will be necessary for the city to purchase new signs for the permit parking area at a cost of about $2,400.

Commissioners agreed unanimously to put the permit parking to a six-month review to see how it works for the residents and what changes to the program need to be made.

Commissioners next meet on July 21 for a meeting and work session to be held via Zoom.

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Muted July 4 celebrations at Manatee Beach

Muted July 4 celebrations at Manatee Beach

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

HOLMES BEACH – The Fourth of July holiday was celebrated a little differently on Anna Maria Island this year due to COVID-19.

Without an official fireworks display and without a parade led by the Anna Maria Island Privateers, the holiday celebrations on the Island were a little quieter, a little calmer and observed differently, even by beachgoers.

Muted July 4 celebrations at Manatee Beach
Early crowds at Manatee Beach over the July 4 holiday weekend maintained social distancing while soaking in the sun on the sand. – Kristin Swain | Sun

At Manatee Beach, the crowds were smaller over the holiday weekend, with those choosing to come out practicing social distancing on the sand, many wearing masks or other face coverings. A staff member from the Anna Maria Island Beach Café was stationed in the breezeway at the door to the gift shop and restaurant making sure that anyone entering the business was wearing a mask or face covering. Members of the Manatee County Code Enforcement team were stationed along the beach and throughout the parking area to encourage social distancing and safe practices.

Out on the beach, groups largely kept their distance from each other, even when in the water.

And while some fireworks still lit the night sky, next year’s official July 4 celebrations promise to be bigger and better.