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Harrington House closes its doors

HOLMES BEACH – After 31 years, the owners of the Harrington House Beachfront Bed and Breakfast in Holmes Beach will say goodbye to their final guests May 1.

The bed and breakfast has been a favorite among travelers and locals alike for more than three decades. Its final guests will be welcomed on April 30.

The property features several room options for visitors from rooms in the main house to an adjacent beachfront cottage, the Dodt Beach House with its three full-size suites, six bungalows, two additional rooms and two large penthouse-style suites.

The main house was built in 1925 of coquina block and cypress wood. In 1988, current owner Frank Davis decided to turn the 4,000 square-foot home into a bed and breakfast. Harrington House was named after Davis’ father.

Closure of the bed and breakfast was announced on the business’s social media pages on Feb. 17.

“To all of our friends – as of May 1st, 2020 the Harrington House Beachfront Bed & Breakfast will be closing its doors after 31 wonderful years. We thank you for your loyalty and friendship and all of the great memories,” the post reads on the Harrington House Facebook page.

To make your reservation to stay at the iconic bed and breakfast one last time, contact the Harrington House at 1-888-828-5566.

Vacation rental bills looming large

TALLAHASSEE – The Florida Legislature is getting closer to potentially taking away local governments’ ability to regulate short-term vacation rentals and vacation rental advertising.

And Anna Maria Mayor Dan Murphy and Commissioner Carol Carter are among those who are concerned that state legislators may finally succeed in their annual efforts to strip away cities’ home rule rights.

Similar in nature and intent, Senate Bill 1128 and House Bill 1011 are progressing toward possible final votes on the House and Senate floors.

As recently noted by Florida League of Cities Legislative Advocate Casey Cook, legislators who support the proposed legislation want to turn over the regulation of vacation rentals to the already understaffed and under-resourced Florida Department of Business & Professional Regulations.

And new this year, state legislators are including in their proposed legislation a requirement that all vacation rentals advertised through Airbnb, VRBO and other online platforms must be fully licensed and registered with the state. This is the legislature’s attempt to ensure that vacation rental-related taxes are remitted to county tax collectors, including the sale tax revenues to be remitted back to the state.

Originally filed by Sen. Manny Diaz Jr, R-Miami/Dade, SB 1128 passed through its second committee stop on Tuesday, Feb. 11. The Commerce and Tourism Committee ruled favorably on the amended bill by the 3-2 vote and committee chair Joe Gruters, R-Sarasota, was one of three senators who voted favorably on the bill.

The Senate bill has been referred to the Rules Committee for its third and final committee stop but it was not included on the agenda for the committee’s Wednesday, Feb. 26 meeting.

If SB 1128 passes through the Rules Committee, it is likely headed to the Senate floor for a final vote by the Republican-controlled Florida Senate.

Serving as the House companion, HB 1011 is co-sponsored by Rep. Jason Fischer, R- Jacksonville, and Rep. Mike LaRosa, R-St. Cloud.

HB 1011 passed through its third and final committee stop on Thursday, Feb. 20, when the Commerce Committee ruled favorably on the bill by a 14-9 margin. State Rep. Will Robinson Jr., a Republican from Bradenton, broke ranks with his party and opposed the legislation. The following day, Murphy sent Robinson an email expressing his appreciation.

“Thank you for voting no on HB 1011 concerning vacation rentals. Your stance on this critical issue is greatly appreciated and respected.  It was apparent that you were the only Republican who had the courage on the committee to stand up for what is in the best interests of the community. Your efforts have not gone unnoticed and will not be forgotten. We thank you for your continued support of the city of Anna Maria and your understanding of the impact of this proposed legislation,” Murphy’s email said.

HB 1011 now appears to be headed to the House floor for a final vote in the Republican-controlled House of Representatives.

If identical bills are adopted by the Senate and the House, the legislation would be sent to Gov. Ron DeSantis to sign into law or veto. The 2020 legislative session is scheduled to end on March 13.

Local concerns

On Friday, Murphy discussed his concerns and said he’s in daily contact with Chip Case, the city’s lobbyist.

“I’m very concerned about this legislation getting to the House and Senate floors. We need to keep the pressure on the Senate Rules Committee,” Murphy said.

“When Commissioner Carter and I were in Tallahassee two weeks ago, every person we visited, including Fischer, said we certainly got a lot email from your constituents. That’s important. It might be falling on deaf ears, but if we didn’t have that public pressure and we appealed to the governor, the legislators could say there’s been no public objection to this bill,” Murphy said.

“If it passes as written, we’re through regulating vacation rentals. Occupancy limits, inspections and registration would all be out the door. We would lose the ability to know, from a law enforcement point of view, who’s responsible for that house. Now we know who’s responsible because we make sure every vacation rental has a registered agent, a person we can contact 24 hours a day, seven days a week. That’s critical if there’s a fire, a burglary, an issue with noise or some other issue. Without registration, we have nothing. You’re not going to call anybody at Airbnb. Most of these homes are listed under an LLC and in many cases, it’s foreign ownership,” Murphy said.

“The annual inspections are good, and the occupancy limits are important too – Airbnb wants to cram 25 people in those houses – but the loss of knowing who’s responsible for that house and having that contact information is critical,” Murphy said.

On Monday, Feb. 24, Carter distributed an email that said HB 1011 could be headed for a final vote on the House floor as early as Thursday.

“Time to reach out to all house members to vote no,” she wrote.

She also noted SB 1128 could be on the Rules Committee’s March 3 agenda.
“Must keep up the pressure on our senators,” Carter wrote.
She urges concerned citizens to contact Republican Rules Committee members Lizbeth Benacquisto, Rob Bradley, Jeff Brandes, Anitere Flores, Travis Hutson, Tom Lee, Kathleen Passidomo, David Simmons, Wilton Simpson and Kelli Stargel.

Related coverage

Vacation rental bills progressing

Local vacation rental regulations under fire again

WMFR commissioners review 2019 results

WMFR commissioners review 2019 results

BRADENTON – West Manatee Fire Rescue’s February commission meeting started out on a happy note as two of their own were promoted, a new staff member was welcomed and a team received chief’s coins for their work in the community.

Kicking the meeting off, commissioners welcomed new administrative assistant Andrea Berggren, who took the oath of office and was greeted personally by each commissioner.

New administrative assistant Andrea Berggren takes the oath of office. – Kristin Swain | Sun

Continuing the festivities, WMFR leaders recognized Chad Brunner and Tyler MacDonald who were elevated to the rank of captain. MacDonald’s son was even on-hand to pin his father’s badge on his uniform.

Battalion Chief Rich Jasinski congratulates the newly promoted Captain Chad Brunner. – Kristin Swain | Sun

The non-transit advanced life support team of firefighters Frank Agresta and John Balzer, along with Lt. John Stump, were presented with chief’s coins by Administrative Battalion Chief Jay Johnson for going above and beyond in their service to the community. Johnson said he’d spoken with a woman whose husband was having a hard time entering their Island home and had fallen. The firefighters showed up to help the man up and then they returned to the fire station to build a step to make it easier for him to access his home without falling down. Johnson said he’d received many thanks and compliments from the man’s wife for the actions of the firefighters.

Once the festivities were over, commissioners moved on to other business, including discussions concerning the district’s new administrative home.

In January, commissioners were presented with the opportunity to purchase an additional piece of land complete with a shell building in a commercial area near Blake Medical Center. Commissioner Randy Cooper reported to his fellow commissioners during the February meeting that he had viewed the property and didn’t recommend pursuing the purchase, stating that he felt it doesn’t meet the district’s needs.

In 2019, commissioners purchased a large commercial lot located behind the Fountain Court Shopping Center off of Manatee Avenue and have already engaged the services of an architecture firm to help plan the new building.

Commissioner George Harris said that he would like the district’s leaders to keep all of their options open for the moment. Commissioner Al Robinson said he was disappointed that his fellow commissioners had dismissed the possibility of purchasing the other lot with the shell building, saying he felt it could save the district money in the long run when weighed against the expense of new construction.

During the meeting, commissioners voted four to one with Robinson dissenting to accept a contract for construction manager at risk with Creative Contractors Inc. for the new administration building. The contract grants Creative Contractors payment of 5.5% of the actual cost of work for the construction of the new administration building and includes a bond percentage of 0.81% with 0.82% of construction costs going to insurance.

“It’s been great working with them so far,” Chief Ben Rigney said.

There’s no timetable set yet for construction on the new administration building.

Commissioners also reviewed the 2019 annual report.

Johnson presented the annual report, stating that it reflects the district’s purchase of new air packs and the launch of non-transport ALS service at all three district fire stations. He said the district had a 3% increase in calls in 2019 with 67% of those being medical calls. He added that there were 45 fire incidents that WMFR firefighters responded to in 2019, including 14 building fires. He said the district’s response time improved 27 seconds over the previous year.

Community members are invited to review the annual report online.

Related coverage

WMFR celebrates promotions, awards

Lawsuit filed against fire department

Special magistrate hears code cases

Special magistrate hears code cases

HOLMES BEACH – Four cases came in front of special magistrate Michael Connolly Feb. 19, including one repeat offender.

The first case concerned work without a permit and a davit that was constructed on top of a city drainage pipe at 652 Key Royale Drive.

Code Compliance Officer James Thomas presented the case with testimony from City Engineer Lynn Burnett.

Thomas said the davit was built too close to the property line and was installed without obtaining a permit from the city’s building department. Burnett added that the concrete pad that the davit is on and the davit itself are constructed on a stormwater/drainage easement and on top of a stormwater outfall pipe that is collapsing from the additional weight. She recommended that the davit and concrete pad be removed within the next six months to allow for much-needed repairs to the pipe.

During the hearing, it was revealed by building department clerk Angie Birdwell that a permit for demolition of the davit had been issued on Feb. 10 and is good for 180 days.

Connolly ruled that the property owner has 180 days from the permit date to removed the davit and has to pay $127.24 in hearing costs. An additional $250 per day fine may be assessed if the property owner does not come into compliance within the recommended time.

Repeat advertising offender Mohamed Walliagha was next on the docket for advertising his R-1 rental property as a vacation rental with higher than allowed occupancy.

Thomas presented the case, stating that advertising for the property at 515 75th St. allows for rentals of up to 16 people in the seven-bedroom property and for a period of less than the 30-day minimum allowed in the R-1 residential district. Under the city’s ordinances, rental units are allowed a maximum occupancy of two people per bedroom or a total of six, whichever is greater, capping Walliagha’s property at a maximum occupancy of 14.

This is the second time Walliagha has been brought before Connolly during a special magistrate hearing for advertising violations. The first time was Sept. 11, 2019, when Connolly ruled in the city’s favor, ordering the property owner to bring his advertising into compliance with the city’s ordinances. Thomas said that while the advertising did come into compliance for a while after the special magistrate hearing, Walliagha began listing the property on vacation rental sites VRBO, Home Away and Flip Key in December 2019 again in violation of the city’s ordinances. Thomas asked for Walliagha to pay $127.24 in fees along with a $250 per day fine for days the advertising was out of compliance from Dec. 19, 2019, to Jan. 30, 2020.

Walliagha argued that his advertising was on a three-month hold with the websites and was reactivated after that time without his notice. He also stated that since the property is his primary home and is homesteaded, he does not have to adhere to the city’s ordinances concerning rentals in the R-1 district. Thomas argued that the property is listed with all seven bedrooms for rent and that he showed the advertisements to the property owner well in advance of the hearing date, stating that he’s been working with Walliagha for two to three years to bring the property into compliance.

Connolly ruled in the city’s favor, ordering Walliagha to pay a $250 fine along with $127.24 in fees.

The third and fourth cases concerned dilapidated structures, one at 3017 Avenue E and another at 605 Emerald Lane.

The Avenue E property, owned by 3015 Avenue E LLC, was deemed by Thomas to be a dilapidated and unsafe structure.

Holmes Beach Police Chief Bill Tokajer said that the police officers had responded to the property Jan. 3, finding vagrants squatting on the property. He said the vagrants were removed from the property and said that officers had attempted to contact the property owner to have it boarded up.

Holmes Beach Police Chief Bill Tokajer testifies Feb. 19 during one code compliance hearing before the special magistrate. – Kristin Swain | Sun

Thomas said since then the property had not been boarded up and was still open to the elements and abandoned, though it appeared that someone had mowed the lawn. He asked for fees along with a $250 per day fine for every day the property is not in compliance along with a $100-250 per day fine for every day the property remains out of compliance after the recommended 30 days to obtain a permit and 60 days to execute the permit to completion, including demolishing the structure, rehabilitating it or presenting a plan to the building department for rehabilitation. Thomas also noted that a permit had been pulled for the structure in 2019 that allowed for three units to be constructed inside the structure. He said it appeared that before work stopped at the property, five units were being constructed in violation of the permit.

The property owner was not present during the hearing.

Connolly ruled that the property owner has 30 days from the hearing date to obtain a permit from the building department and 60 days from the permit date to complete work or come back before the magistrate for an extension. He also granted the request to impose $127.24 in fees and a $250 per day fine if the property owner does not bring the structure into compliance.

The Emerald Lane property, currently owned by Stephanie Morris of Emerald8 LLC, was a bit of a different story. While Burnett said she inspected the property with Building Official Neal Schwartz and found it to be an unsafe structure, resident Tom Sanger stepped up to say that he was currently in negotiations to purchase the property in an owner-financed transaction to allow for the repairs needed at the home.

Two neighboring property owners also stepped up to serve as witnesses as to the condition of the property, Peter O’Brien and Jim McIntire. O’Brien said that he’s observed the property in its same, boarded up, dilapidated condition for over two years. McIntire said that he hopes the property can be sold to someone who will care for it and bring it up to the standards of the Key Royale neighborhood.

Connolly found in favor of the city, giving the current owner until March 6 to record a deed of sale or obtain a demolition permit. If a new owner is recorded for the property, that person has 30 days to obtain a permit and six months to complete renovations or come back before the magistrate to ask for an extension. He also assessed a $127.24 fee to the current owner and a $250 per day fine if his timeline for renovations or demolition is not met.

The next Holmes Beach special magistrate hearing will be held at 10 a.m. on March 18 at city hall, 5701 Marina Drive.

Related coverage

Lighting up the neighborhood

Special magistrate rules in favor of city

Castles in the Sand

Florida’s in the tax driver’s seat

It’s almost tax time again so why not talk again about Florida’s advantageous tax position and the influx of new residents. I like to tie in our growing population with real estate sales statistics since it’s my opinion there’s a direct correlation between the two. I’ll also report the January sales in this column.

But first, it’s been two years since the new tax law was signed and we’re just starting to see the effects. Local economies and housing markets are motivating residents of high tax states to relocate to more tax-friendly states like Florida with no state income tax. Even though the tax overhaul resulted in many people experiencing lower taxes, homeowners in high tax states are being seriously hurt and when many of these high-end individuals move, it has a ripple effect on the economies of that state.

If you remember, part of the new law capped how much homeowners can subtract from their federal taxes for the payment of local property and income taxes. The cap is set at $10,000 which, in states like New York, New Jersey and Illinois to name a few, is far below what most homeowners pay in property tax and state tax combined.

The average property tax in the United States in 2018 was about $3,500 according to a national data real estate firm. However, this is far below what much of the northeastern states pay in property tax. In Westchester County in New York State, the average property tax was more than $17,000, the highest in the country. In addition, the law also lowered the size of mortgages for which new buyers can deduct the interest to $750,000 from $1 million, just adding to the high tax and high property value states’ misery.

Not everyone is moving because of taxes exclusively, some were considering a move already and many were near retirement and just needed a little push. Whatever the reason, Florida is one of the beneficiaries of the movement with increased sales and rising property values.

These are the January sales statistics for Manatee County from the Realtor Association of Sarasota and Manatee: Single-family homes closed 22.4% more homes in January compared to last January. The median sale price was $329,500, an increase of 6.6%, and the average sale price was $420,775, an increase of 8.7%. Condos closed 47.7% more properties this January compared to last year. The median sale price was $210,000, up 7.7%, and the average sale price was $236,687, down 1.8%.

An ongoing problem continues to be a lack of inventory, with 3.4 month’s supply for single-family properties and 4.7 month’s supply for condos. These numbers are either down double digits from last year or even. As the Realtor Association of Sarasota and Manatee headline reads in its press release “Home Sales Out-Pace Supply.” Not a great place to be.

For those who want to change your address to one in Florida, make sure you establish a legitimate residency. States are known to conduct residency audits to verify you’re really leaving their state. This happens a lot when people own two homes in different states and want to move their residency. Florida wants you to get a driver’s license, obtain Florida license plates and auto insurance, file a declaration of domicile, apply for Florida homestead exemption, register to vote and open a bank account. Floridians should get ready for this influx to continue.

As with most changes, there’s always a good and a bad aspect and we’re sure to experience both.

More Castles in the Sand:

The greying of the mortgage market

Credit scores have new meaning

Let’s all just take a breath

Holmes Beach logo OLD

No stormwater fee relief for residents

HOLMES BEACH – There won’t be reduced stormwater fees on any Holmes Beach property owner’s trim notice in the fall.

Commissioners voted in December to raise the city’s stormwater fee to $2.95 per 100 square feet of lot space from the $1.50 per 100 square feet that property owners paid in 2019. After receiving some feedback from residents and owners with larger properties, including the Key Royale Club’s golf course management, commissioners committed to discussing whether or not to allow exceptions to the higher stormwater fees for certain property owners, such as churches, the golf course on Key Royale and low-income residents. That conversation ended during a Feb. 11 work session when commissioners decided that no exceptions to the stormwater fee will be given.

City Engineer Lynn Burnett presented commissioners with options, including giving low-income property owners and the golf club a break on the increased fee, decreasing it down to the current $1.50 fee. The issue, she said, is that by reducing the fee for some, it would mean the burden would have to be carried by other property owners and it would take longer to fund the repairs and replacements needed on the city’s failing infrastructure. Burnett said that even properties with their own stormwater infiltration systems and retention ponds are still a part of the problem creating flooding situations on the Island.

“Every inch of property on this Island, except Grassy Point, contributes to the problem,” she said. With higher than normal tides and heavier rainfall events, Burnett said the overdevelopment of the Island is creating too much strain on a failing system that’s outlived its useful years.

Commissioner Jim Kihm said that with a huge bill in front of city leaders for repairs and replacement, he felt the $2.95 stormwater rate already voted on should stand.

“We’re all in this together,” he said. “We’re all part of the problem. My feeling is that we all need to be part of the solution.”

While Kihm said he doesn’t like raising fees or taxes, funding has to be secured to fix the infrastructure problems.

“It costs something to live here,” he said.

Commissioner Terry Schaefer said he wasn’t in favor of lowering the $2.95 rate.

“I’m paying my fair share,” he said. “It’s worth the investment for the city to protect the future of what could become an inundated island.”

“You don’t want to walk out of your house into a pond,” Schaefer added.

Commissioner Carol Soustek said that if commissioners agreed to go with the stormwater fee already voted on, she didn’t think there could be exceptions.

“Everybody gets the tax, everyone pays the same,” she said.

If the city is successful with the Bert Harris Act cases facing it, Soustek said she hoped the funds put in reserve for that can be used to help fund infrastructure improvements and lower the burden on property owners.

“It’s a burden on everybody, we all have to pay the price,” Kihm said.

Though there are no exceptions to the fee, property owners still have the option to appeal the fee. Appeals have to be submitted to the city clerk’s office in writing. Appeal forms are available at Holmes Beach City Hall.

Related coverage

Stormwater fees on the rise in Holmes Beach

City leaders consider stormwater fee increases

Skate park opens to cheers from local skaters

Skate park opens to cheers from local skaters

HOLMES BEACH – After months of anticipation and a lot of help from the community, the city’s new Community Skate Park finally opened Feb. 15.
A cheer went up from community members and local skaters as the ribbon was cut, officially opening the park to the public. Mayor Judy Titsworth said the park was being called the Community Skate Park because, without the community, she said the park couldn’t have been built. For the ribbon-cutting, she called up Island residents David Zaccagnino and Tom Sanger to join the city and Manatee County elected officials and staff. Zaccagnino worked with city leaders to help secure the $100,000 in donations necessary to build the bowl section of the skate park. Sanger not only helped to raise funds, materials and labor, he also stepped up to create the concrete skate path from the bowl to the promenade section of the skate park.
“Tom poured his heart and soul into this skate park,” Titsworth said, thanking him for his contributions.
To thank the many local community members and businesses who contributed to the skate park, a banner was placed on the fencing lining the back of the park identifying the dozens of contributors.
“Take a look at this banner and when you see these people out in the community, tell them ‘thank you,’ ” Tokajer said of the skate park’s donors.
Dozens of skaters of all ages came out and took to the new skate park, trying out the ramps, rails, quarter pipe and other obstacles, though one of the most popular attractions was the skate bowl, which was newly opened for public use. Skaters lined up for their chance to skate through the bowl.
When they needed a break, staff from Poppo’s Taqueria and The Beach Bistro were on hand with tacos and hotdogs. City staff handed out drinks, along with T-shirts and baseball caps commemorating the occasion. The team from West Coast Surf Shop brought along a new skateboard, which was won by Ben Rigney Jr.
“It’s a great day,” Commissioner Kim Rash said, looking out at all of the people gathered to celebrate community in Holmes Beach.

Some skaters attempted tricks, like this one who practically flew on the quarter pipe. - Kristin Swain | Sun

Some skaters attempted tricks, like this one who practically flew on the quarter pipe. - Kristin Swain | Sun

Master mind behind the new Community Skate Park, Tito Porrata of Pivot joins elected officials for a celebratory photo. - Kristin Swain | Sun

Master mind behind the new Community Skate Park, Tito Porrata of Pivot joins elected officials for a celebratory photo. - Kristin Swain | Sun

Skaters raised their boards in salute, joining community members and elected officials as the ribbon was cut, officially opening the Community Skate Park. - Kristin Swain | Sun

Skaters raised their boards in salute, joining community members and elected officials as the ribbon was cut, officially opening the Community Skate Park. - Kristin Swain | Sun

Some skaters attempted tricks on the many obstacles throughout the skate park. - Kristin Swain | Sun

Some skaters attempted tricks on the many obstacles throughout the skate park. - Kristin Swain | Sun

Skaters of all ages took to the new Community Skate Park in Holmes Beach during the grand opening party Feb. 15. - Kristin Swain | Sun

Skaters of all ages took to the new Community Skate Park in Holmes Beach during the grand opening party Feb. 15. - Kristin Swain | Sun

Commissioner Kim Rash, with his puppy Lucy, Director of Development Services Eran Wasserman, HBPD Officer Josh Fleischer, Commissioner Carol Soustek, Code Compliance Officer Nate Brown and City Treasurer Lori Hill hang out at the opening of the city’s new skate park. - Kristin Swain | Sun

Commissioner Kim Rash, with his puppy Lucy, Director of Development Services Eran Wasserman, HBPD Officer Josh Fleischer, Commissioner Carol Soustek, Code Compliance Officer Nate Brown and City Treasurer Lori Hill hang out at the opening of the city’s new skate park. - Kristin Swain | Sun

Vendors including Poppo’s Taqueria, West Coast Surf Shop and The Beach Bistro came out to support the opening of the new skate park. - Kristin Swain | Sun

Vendors including Poppo’s Taqueria, West Coast Surf Shop and The Beach Bistro came out to support the opening of the new skate park. - Kristin Swain | Sun

Skaters glided down rails and jumped obstacles on the promenade skate area. - Kristin Swain | Sun

Skaters glided down rails and jumped obstacles on the promenade skate area. - Kristin Swain | Sun

Some of the people responsible for helping to get the skate park built, including designer Tito Porrata of Pivot, HBPD Chief Bill Tokajer, Mayor Judy Titsworth, City Engineer Lynn Burnett, Director of Development Services Eran Wasserman and Tom Sanger of Sanger Pool and Spa, celebrate in the skate bowl. - Kristin Swain | Sun

Some of the people responsible for helping to get the skate park built, including designer Tito Porrata of Pivot, HBPD Chief Bill Tokajer, Mayor Judy Titsworth, City Engineer Lynn Burnett, Director of Development Services Eran Wasserman and Tom Sanger of Sanger Pool and Spa, celebrate in the skate bowl. - Kristin Swain | Sun

One of the most popular parts of the skate park was the one that almost wasn’t built. Skaters lined up for the chance to skate the park’s bowl. - Kristin Swain | Sun

One of the most popular parts of the skate park was the one that almost wasn’t built. Skaters lined up for the chance to skate the park’s bowl. - Kristin Swain | Sun

Related coverage

Funding received for skate park bowl

Construction moves forward at city field

Skate park design nears completion

Lighting up the neighborhood

Lighting up the neighborhood

HOLMES BEACH – Commissioners are considering amending the city’s sign ordinance to allow hotels and motels in the A-1 residential area along the beach to have lighted signs – just not the kind that one hotel owner wants.

Attorney Stephen Thompson, representing the owners of the Anna Maria Beach Resort, appeared before commissioners during a January meeting to ask commissioners to consider changing the sign ordinance. His clients installed an interior lighted sign with an LED message board and a neon-lighted sign on the overhang at the entrance to the resort in mid-2019 with a building permit from then-Building Official Jim McGuinness.

City leaders realized the permit was issued in error because lighted signs aren’t allowed in the A-1 district where the resort is located, and revoked the permit, requiring the signs to be removed.

The matter went before the city’s special magistrate in September. The magistrate ruled that the signs could remain but they could not be lit and the LED message board should be removed.

Rather than remove the LED message board and keep the signs dark, Thompson submitted a draft ordinance amending the sign ordinance that would allow all commercial properties in the city to have lighted signs. While commissioners said they see the need for some sort of nighttime signage at the resorts for safety, they agreed they would not be looking at changing the sign ordinance citywide and any changes to the sign ordinance for the A-1 district wouldn’t involve bright lighted signs that would adversely affect the residents living nearby.

Mayor Judy Titsworth suggested only allowing a reasonably-sized painted wooden sign or similar sign that is lit externally by a single landscaping spotlight, in the same manner that other hotels in the district use for their signs. She said having signs lit in this manner would be visible to motorists and allow them to safely see where their hotel is and mark the entrance and exit to the property but not be bright enough to disturb residents at adjacent condominium properties and residential homes.

“It’s just to find the hotel,” she said of the signs.

City Planner Bill Brisson asked commissioners for time to research how many resort properties are in the A-1 district, if they have any lighted signs and what type of lighted signs might be best in the area given the number of residential properties. He said that he expects it will be March before he has a draft ordinance ready to put before commissioners for discussion. He added that he feels the resorts should be allowed to have some sort of illumination but that the owners should be sensitive to the surrounding residents. Another concern is how lighted signs on Gulf Drive will affect sea turtles during nesting season.

The one thing city staff and commissioners agreed on is that the draft ordinance submitted by Thompson won’t work.

“We have to start from scratch,” Building Official Neal Schwartz said of the ordinance changes. “There’s no way we’re letting commercial signage go in that district.”

Related coverage

 

Scoot coupe ban under reconsideration

 

Mayor hands out 2019 city awards

 

Stormwater fees on the rise in Holmes Beach

Community garden proposed for Holmes Beach

Community garden proposed for Holmes Beach

HOLMES BEACH – The city’s Parks and Beautification Committee members are considering a new project – the possibility of installing a community garden.

Holmes Beach resident Mary Catherine Melancon and committee Chair Mary Lange presented the idea during a Feb. 5 committee meeting.

Melancon said the idea would be to have a community garden where people in the community could participate in growing vegetables, fruits and herbs in a social setting.

Lange said that while she would like the city to purchase the vacant lot located between Key Royale and Marina drives, she knows that might not be possible. Instead, Lange suggested identifying one or more areas in city parks that could be used for the community gardening project. After the meeting concluded, Lange and Melancon walked to Memorial Park, located adjacent to Holmes Beach City Hall, to see if there was enough flat, raised green space between the park and the Island Branch Library to place a few raised gardening beds as a pilot program. The two plan to report back to the committee in March after looking at other potential locations. The women also agreed to develop a presentation on the project and a cost estimate to present to city commissioners.

Director of Development Services Eran Wasserman said he thinks the idea is a good one, but that the project would need to be a spot where the large gardening beds could be placed, has access to irrigation, is safe for pedestrians to walk to and would have easy parking. Melancon added that there should be fencing or some kind of barrier to prevent people not a part of the gardening project from picking the produce.

If the committee opts to move the project forward, it will need approval from city commissioners before any construction on the gardening beds can begin.

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Pups and owners celebrate dog park opening

 

Heron nest halts construction

 

Construction moves forward at city field

Scoot coupe ban under reconsideration

Scoot coupe ban under reconsideration

HOLMES BEACH – If you’re seeing scoot coupes being driven along the road in Holmes Beach, you’re not imagining things and they’re not in violation of the city’s ordinance.

During a Jan. 28 meeting, City Attorney Patricia Petruff said that she received a letter from attorney Aaron Thomas representing Robinhood Rentals owner Mark Toomey. In the letter, Thomas called the micro-mobility ordinance passed by commissioners Jan. 14 after two votes and public hearings overbroad.

Petruff said that she agrees with the assertion and advised commissioners to revisit the ordinance, potentially lifting the ban on scoot coupes, the three-wheeled mini cars rented in Anna Maria, and reconsidering allowing the mini-cars on roads with a speed limit of 25 miles per hour or less.

Toomey attended the meeting where he spoke to commissioners, asking them to lift the ban since he had been unable to rent the mini-cars since receiving notice of the new ordinance and ban on the vehicles in Holmes Beach. Before receiving word of the ban, he said that he’d had no prior notice of the ban when commissioners were considering it.

Petruff said that if commissioners do not lift the ban on the mini cars, she feels it would result in litigation against the city. She recommended the prohibition on the mini-cars be lifted.

While commissioners reconsider the issue, Petruff asked Police Chief Bill Tokajer to have HBPD officers not issue tickets to the scoot coupe mini cars coming into the city and to notify any company renting the cars that commissioners are reconsidering the ban.

During previous discussions on the scoot coupes, both commissioners and Holmes Beach residents spoke out against allowing the mini-cars on city streets for safety reasons. Residents also expressed concerns about limiting the mini-cars to roads with a 25 mph speed limit because it would take them off the main roads and put them in residential neighborhoods.

At the Jan. 28 meeting, Toomey said that the mini-cars have a 49 cc engine and can travel up to 35 mph and are allowed on roads up to 45 mph, though he doesn’t recommend his renters drive them off Anna Maria Island. He said that the mini-cars have not been involved in an accident that he’s aware of in Holmes Beach in 20 months.

“I understand that not everybody likes the scoot coupes but they are a street-legal vehicle,” he said, adding that he would be willing to sit down with commissioners and reach a compromise on the vehicles’ operation in Holmes Beach.

Pups and owners celebrate dog park opening

Pups and owners celebrate dog park opening

HOLMES BEACH – The construction crews are out and the dogs are in at the new and improved dog park in Holmes Beach, renamed the Holmes Beach Community Dog Park.

“This has been a dream,” Mayor Judy Titsworth said of the new park during the grand opening ceremony Jan. 25. She added though some people thought the new park would never come to fruition, she hopes that the improved dog park is something that the community can be proud of for a long time. Titsworth also thanked Director of Development Services Eran Wasserman and the entire Public Works department staff for their work to see the plans for the dog park realized.

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“If the dogs could speak, I think they would say that they approve,” Commissioner Carol Soustek said, watching dozens of dogs frolic in the grass at the new large dog park.

The dog park, located in the newly-renamed Community Park complex located adjacent to Holmes Beach City Hall, features grass and a shell mix area, a long dog run, shaded seating for people and pups, a water drinking fountain and a fire hydrant splash pad where dogs can get fresh drinking water and play in spray. The dog park is separated into two sections, one for large dogs and one for smaller dogs.

“It’s just wonderful,” resident Fran Derr said, looking around the new park.

Resident Renee Ferguson, a dog park user who helped work on the plans for the new park, said that she and her dog Ginger were both excited to see the dog park finally ready and open to the public.

“It’s been a long time coming,” she said.

Code Compliance Officer James Thomas provided music for the event while area dog rescues, pet store owners and other vendors came out to show their support for the new park, organized by Caryn Hodge. Some of the vendors included Poppo’s Taqueria, Underdog Rescue, Friends of Manatee County Animal Services, Running Rover, Perks 4 Pets, Manatee County Animal Services, Three Dog Bakery, Shelter Manatee, Live Naturally, Painting with a Twist and Anne Yarborough Pet Photography.

Atlas models his new Community Park scarf complete with an airplane design, illustrating the history of the space that is now the dog park. - Kristin Swain | Sun

Atlas models his new Community Park scarf complete with an airplane design, illustrating the history of the space that is now the dog park. - Kristin Swain | Sun

Shona Otto of Underdog Rescue gives cuddles to one of several dogs for adoption at the dog park grand opening. - Kristin Swain | Sun

Shona Otto of Underdog Rescue gives cuddles to one of several dogs for adoption at the dog park grand opening. - Kristin Swain | Sun

Commissioners Carol Soustek, Jim Kihm, Terry Schaefer and Kim Rash, with his puppy Lucy, hold the ribbon while Director of Development Services Eran Wasserman, Mayor Judy Titsworth and Manatee County Commissioner Carol Whitmore cut the ribbon, officially opening the dog park to the community. - Kristin Swain | Sun

Commissioners Carol Soustek, Jim Kihm, Terry Schaefer and Kim Rash, with his puppy Lucy, hold the ribbon while Director of Development Services Eran Wasserman, Mayor Judy Titsworth and Manatee County Commissioner Carol Whitmore cut the ribbon, officially opening the dog park to the community. - Kristin Swain | Sun

One little puppy wore its pajamas to the dog park party to help stay warm in the cool of the morning. - Kristin Swain | Sun

One little puppy wore its pajamas to the dog park party to help stay warm in the cool of the morning. - Kristin Swain | Sun

Theresa and Melissa Rash celebrate the opening of the dog park with Melissa's dog Bella. - Kristin Swain | Sun

Theresa and Melissa Rash celebrate the opening of the dog park with Melissa's dog Bella. - Kristin Swain | Sun

Resident Kathy Donner gives treats to her talented pups, Blitzen and Atlas, after they perform a few tricks. - Kristin Swain | Sun

Resident Kathy Donner gives treats to her talented pups, Blitzen and Atlas, after they perform a few tricks. - Kristin Swain | Sun

Manatee County Commissioner Carol Whitmore meets Holmes Beach Commissioner Kim Rash's dog Lucy. - Kristin Swain | Sun

Manatee County Commissioner Carol Whitmore meets Holmes Beach Commissioner Kim Rash's dog Lucy. - Kristin Swain | Sun

One happy puppy is enjoying trying out the new grass dog run. - Kristin Swain | Sun

One happy puppy is enjoying trying out the new grass dog run. - Kristin Swain | Sun

Ginger and Annie have fun running on the grass at the new dog park. - Kristin Swain | Sun

Ginger and Annie have fun running on the grass at the new dog park. - Kristin Swain | Sun

Dozens of people came out with their furry friends Jan. 26 to celebrate the grand opening of the new dog park. - Kristin Swain | Sun

Dozens of people came out with their furry friends Jan. 26 to celebrate the grand opening of the new dog park. - Kristin Swain | Sun

Caryn Hodge and Fran Derr hang out at the new dog park. - Kristin Swain | Sun

Caryn Hodge and Fran Derr hang out at the new dog park. - Kristin Swain | Sun

This new Holmes Beach dog park is open and this pup couldn’t be happier to be at the off leash park. - Kristin Swain | Sun

This new Holmes Beach dog park is open and this pup couldn’t be happier to be at the off leash park. - Kristin Swain | Sun

Artists’ Guild erases boundaries with new exhibit

Artists’ Guild erases boundaries with new exhibit

BRADENTON – The Artists’ Guild of Anna Maria Island’s 11th annual juried art exhibition, “Boundaries Erased,” is on display at ArtCenter Manatee in downtown Bradenton through Friday, Feb. 7.

The exhibition opened Tuesday, Jan. 14. The opening reception and awards ceremony took place Thursday, Jan. 16.

Marianne Hiland and Wendell Graham co-chaired the exhibition that took place for the first time this year at ArtCenter Manatee. In years past, the exhibition took place at The Studio at Gulf and Pine in Anna Maria.

Guild members and non-members submitted the 60 works on display in the Kellogg Gallery, all of which are for sale. Renowned Florida artist Dean Mitchell judged the competition.

Cortez resident Susanna Spann won Best in Show and the $500 prize for her “Friday on Frenchmen Street” painting.

“I’m doing a whole series of musicians, primarily from New Orleans. I go there every year for the Jazz & Heritage Festival. This was at The Maison, one of the bars there. I take photos, come back home, rearrange and redesign them and paint with watercolor. I want to tell stories and what I want is the feeling I felt. This was a red-hot jazz band and I wanted that feeling to come out in my painting,” Spann said.

“Friday on Frenchmen Street” was previously one of 10 winners in The Artist’s Magazine’s nationwide Over 60 Art Competition.

“I’m real proud of this baby, it’s been real good for me,” Spann said.

Many Guild members are also ArtCenter Manatee members, and some dual members entered other pieces in the ArtCenter’s “Annual Member Show” currently on display in the Searle & Reid Hodges galleries.

“I’ve got another one in the other room that I also won an award for, ‘Washboard Willie at The Cat.’ I wanted the same feel – the feeling I got when I was listening and watching the musicians,” Spann said.

“Busy Day in Thailand”

Holmes Beach resident Cheryl Jorgensen’s “Busy Day in Thailand” watercolor painting won first place and a $400 prize.

Cheryl Jorgensen’s “Busy Day in Thailand” painting won first place. – Joe Hendricks | Sun

“I was in Thailand and I saw this guy with this beautiful orange outfit and decided I had to paint it,” Jorgensen said. “To me, it says no matter where you go, people are busy. That is what life is all about.”

Doreen Renner’s “Cardinal Rule” was awarded second place and Lu Ann Widergren’s “Morning View from Rod-n-Reel” was awarded third place.

Excellence in Photography

Anna Maria resident Cathy Tobias won Excellence in Photography awards for her “Great Migration” and “Flamingo Delight” photographs.

Tobias took “Great Migration” in Tanzania while watching wildebeest migrate.

Cathy Tobias won an Excellence in Photography award for her “Great Migration.” – Joe Hendricks | Sun

“It was on my bucket list of things I had to see. They stand at the riverbank and they can stand there for hours before the first one starts to cross – they’re worried about crocodiles,” Tobias said.

“It was late morning and this reddish dust was everywhere. They crossed for 30 minutes and I cried the whole time. It was one of the most beautiful things I’ve ever seen and this is very close to the true color of what was going on,” Tobias said regarding the color tones in her photo.

She took “Flamingo Delight” at Jungle Gardens in Sarasota.

Cathy Tobias won an Excellence in Photography award for her “Flamingo Delight.” – Joe Hendricks | Sun

“This is a gorgeous bird. I liked the detail of the feathers, the eyes, the black tail and the shape it was in,” Tobias said, noting she cropped out the natural background.

“The background was competing with the flamingo and I thought it would stand out much better with a black background,” she said.

Change of venue

“I want to thank ArtCenter Manatee for hanging the show and for being so supportive. It’s a great venue,” Hiland said. “A number of our Guild members are not on the Island, so this is more centrally located for our membership and participants. It’s been a wonderful experience. The galleries are gorgeous.”

ArtCenter Manatee is located at 209 Ninth St. W. in Bradenton. For more information, visit the ArtCenter online.

The Artists’ Guild Gallery is in the Island Shopping Center at 5414 Marina Dr in Holmes Beach. For more information, visit the guild online.

Castles in the Sand

What does a mortgage broker do?

I’ve talked many times in this space about getting a mortgage for a home and how it is one of the most stressful aspects of purchasing. Many people don’t have the time to contact numerous lenders and comb through the details when shopping around and choose instead to go to a mortgage broker for help. But what do they really do and how much does it cost?

Mortgage brokers are licensed in the state of Florida and most states as well. They are financial professionals who act as the bridge between borrowers and lenders. They originate loans and help you connect with a variety of lenders who best fit your financial situation. Working directly with a bank will not give borrowers any flexibility in rates or loan requirements, however, mortgage brokers can offer buyers products of many banks and many more options. This is particularly important for buyers who may not have perfect credit scores and have small down payments.

In addition, mortgage brokers coordinate and manage paperwork and typically close a home loan faster than a traditional bank. They work in cooperation with real estate agents, underwriters, lenders, title companies and attorneys. They are part of the closing team and are trained to anticipate glitches and troubleshoot problems standing in the way of a closing.

There are disadvantages to using a mortgage broker. Since they are motivated to close as many properties as possible, keeping up with the hands-on service can be a challenge for them. It’s critical that you choose a broker who comes with a good recommendation from a friend, family member or real estate professional who has had recent transactions with the broker. Also, you must feel comfortable with the mortgage broker and feel you can tell them anything since you are essentially telling them everything about your personal finances.

Mortgage brokers are paid by commission by either the borrower or the lender. The fee is typically 1% or 2% of the total loan amount and usually is rolled into the loan in the case of a no-cost loan. However, be alert since rolling in the mortgage broker origination fee could result in a higher interest rate.  The other option is to pay a loan origination fee to the broker separately, again 1% to 2% of the loan amount.

Mortgage brokers are required to disclose all fees up front and can charge only that disclosed fee amount. Further, each fee should be itemized, and the broker should be ready to tell you, the borrower, exactly what each fee was for. Mortgage brokers, like real estate brokers, do not get paid unless there are a closed loan and a closed transaction regardless of how much work they do prior to closing.

After the financial crisis, the Dodd-Frank Act restructured how mortgage brokers get paid. Before this legislation came into effect, lenders could compensate mortgage brokers for getting their clients to agree to high-interest rate loans and signing off on costly fees. This left the door open to an unscrupulous loan broker and hidden fees, affecting many inexperienced buyers.

With so many details involved in purchasing a home, working with a competent mortgage broker whom you’re comfortable with can be a good idea to help you get through the process. They could be invaluable in procuring the best loan for your financial situation and taking some of the work off your shoulders.

More Castles in the Sand

 

Real estate winter

 

Is Anna Maria Island still Old Florida?

 

Happy new real estate year

Bird nesting discovered in trees slated for woodchipper

Heron nest halts construction

HOLMES BEACH – Construction workers received a surprise Jan. 13. As they were pulling the branches from an Australian pine at a residential construction project on 56th Street, a nest was revealed, complete with a nesting bird and at least two fledglings.

Mayor Judy Titsworth first observed the destruction of the tree and the nest inside of it, sending photos to code compliance officers. She presented the photo she took of the nest in the partially destroyed tree during the Jan. 14 commission meeting. The bird and its fledglings are believed to be great blue herons, a federally protected species under the United States Migratory Bird Treaty Act.

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Officer James Thomas said that a state biologist with the Florida Fish and Wildlife Conservation Commission (FWC) is leading the investigation into the nest and what the options are for the birds and the property owners. He added that the property owners and their construction workers are working with the city and with FWC to reach a good conclusion for both themselves and the birds.

Since there are fledglings, the bird and its nest cannot be relocated, said Officer Robyn Evangelisto. The worst-case scenario for the property owners, she added, is that the construction on the property remain halted until the nest is abandoned, possibly in a few weeks.

Prior to the destruction of the tree, she said that the property owners and their construction crew had no knowledge of the nest.

Evangelisto said that the city’s code compliance officers are following the lead of the FWC investigators with regard to the nesting bird. Until the green light is given by FWC, construction remains halted at the site since it is illegal to disturb the nesting birds.

To assist FWC investigators, Evangelisto said that she was launching the city’s drone to take video and photos of the bird and any fledglings. She said at least two baby birds have been spotted in the nest.

“They’re very cute,” she said of the fledglings during a Jan. 17 conversation with The Sun. “We want the biologist to tell us what can and cannot happen there and that’s still to be determined.”

Mayor hands out 2019 city awards

Mayor hands out 2019 city awards

HOLMES BEACH – Mayor Judy Titsworth stepped up Jan. 14 to hand out some very special city awards to members of the community.

First up, she presented the 2019 Employee of the Year award to Code Compliance Officer James Thomas. She said the award is to recognize outstanding work and someone who goes above and beyond in their role.

“He leads by example and with respect for all and is a valued asset to our city,” she said of Thomas when presenting the award.

The next awards handed out were Community Partnership awards presented to Tom Sanger of Sanger Pools, Mary Catherine and Mark Meloncon of Diamond Turf and the Rex Hagen Foundation.

Titsworth recognized Sanger for his contributions to the new skate park, including supporting the skate bowl financially and helping to secure rental equipment, flat work, shotcrete, rebar lumber, fill and site work and labor for the skate bowl.

The Meloncons were recognized for their contributions to the new playground planned for the city field complex and to the building of the skate bowl.

“We are blessed to have them as residents in our city and it is my pleasure to honor them for this generous contribution,” Titsworth said of the Meloncons.

The Rex Hagen Foundation also received a Community Partnership award for its contributions financially to many amenities in the city including the city field comfort station, dog park improvements, irrigation, recreation equipment and this year, toward new playground equipment for the tot lot. Titsworth said the playground, once constructed, will have a vintage airplane theme to recognize the area’s previous use as an airstrip.

“I value the continued relationship that the city has with this admirable foundation and they not only deserve to be recognized once again but they also deserve our continued appreciation for the love that the Hagens had for our beautiful city,” Titsworth said.

The final award of the night, the Citizen of the Year award, was renamed the Louis Strickland Citizen of the Year award in honor of Strickland, a Holmes Beach resident who passed away in 2019.

“This award is actually the first of our city and it is named in honor of Louis Strickland, a very special community member who had the ability to touch many lives. Louis had a profound love for not only life but for our city and for everyone who resided and visited here,” Titsworth said. “I couldn’t think of a better way to honor this gentleman than to name our Citizen of the Year award in his honor. Each year when this award is given it will be in honor of this very special man whose kindness and love will be forever missed.”

Strickland’s daughter, Chris Berra, stepped up to the podium, presenting the award named after her father to the 2019 recipient, John Fernandez.

Fernandez was recognized not only for his contributions to the city’s building department but also his willingness to come out of retirement to serve as interim building official in 2015-17 and again in 2019 after the abrupt exit of previous Building Official Jim McGuinness.

“I truly don’t know what I would have done without him and am most grateful for allowing me to beg and plead and to take him out of retirement once again,” Titsworth said. “His continued commitment to the betterment of our city is not only commendable but notable and a true example of civic-mindedness and self-denying civic duty. I thank him for his service and wish him well in his retirement.”

“It is truly an honor,” Fernandez said as he accepted the award.

“It is amazing what one person at a checkout line can do for a city,” he said of Strickland, who used to work at the local Publix store. “He was a wonderful person and I am extremely honored to have this award, especially when it is tied to Louis Strickland. Thank you and God bless.”