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Tag: Holmes Beach

Castles in the Sand

Real estate winter

It’s winter in southwest Florida and although we talk a lot about beach, road and Publix congestion, we really do love visitors to the Island. We, of course, would love them even more if the visitors converted to owners and not just on Anna Maria Island.

Florida and Arizona have built a real estate market catering largely to retirees, specifically baby boomer retirees. As much as we boomers want to continue influencing the culture and finances of the country, we will inevitably pass away. Not only do we have to face death we may also need to face not being able to live in our homes and migrating to family or assisted living facilities.

Now that I’ve completely ruined your day, these numbers will further depress you. According to Zillow, one in eight owner-occupied homes in the U.S., or roughly nine million residences, are set to hit the market from 2017 through 2027. In addition, Zillow calculates that by 2037 one-quarter of the U.S. homes for sale, or roughly 21 million homes, will be vacated by seniors.

This is a lot of real estate and a good percentage of these homes are in over 55 communities where at least one owner needs to meet that age criteria. These communities have been popular with baby boomers for decades. However, the concern is that the next generation of homeowners are not only looking for a different lifestyle but there aren’t even enough of them to fill the vacancies.

In theory, older homeowners are replaced by younger homeowners and the recent lack of available properties to purchase has kept many millennials stuck in rentals, so this should be a good thing. However, in the case of many of the baby boomer properties, the properties are located in areas where younger buyers don’t want to buy. Suburban living is less of a draw than for previous generations and millennials prefer cities and major metropolitan areas. In addition, even generations below the baby boomers who may be in pre-retirement years have little or no interest in living in planned, age-restricted enclaves no matter how great the weather is.

Economists worry about what the impact of unpopular large retirement communities will have on the local economy surrounding these areas. There are some market experts who suggest that a retooling of these communities to make them more attractive to families and lifting the age restrictions could be a better use of these properties down the road. Arizona and Florida are naturally in the crosshairs of potentially having an overabundance of senior housing. Thankfully for us, Florida’s east coast will be harder impacted.

Real estate markets are a balancing act. If one part of the market has a problem, another part may benefit from those problems. For example, the beautiful and exotic state of Hawaii.

Who doesn’t love Hawaii for vacations, but do you want to live there? Apparently lots of people don’t since Hawaii is experiencing the third straight year of negative migration, with the young, highly educated and well-off being the ones most likely to leave.

Hawaii has the highest cost of living in the country, and according to the Tax Foundation, the real value of $100 in Hawaii is $84.39. According to Zillow, the median list price for a house is $630,000 compared with $284,999 for the U.S. as a whole. In Hawaii, gasoline has been as high at $5.00 a gallon and a gallon of milk $7.00. Hawaiians may be going kicking and screaming from their beautiful state but they’re leaving for the same reasons residents of New York, California, Illinois and New Jersey are leaving – taxes, cost of living and public education.

Inevitably, we will see a dramatic change in the real estate market in the near future. Right now, the baby boomers still rule and will for a while.

More Castles in the Sand:

 

Is Anna Maria Island still Old Florida?

 

Happy new real estate year

 

Home ownership matters

City takes home three wins in court

City takes home three wins in court

BRADENTON – After a brief recess, Manatee County Circuit Court Judge Edward Nicholas submitted a ruling Jan. 8 in three Bert Harris cases brought against the city of Holmes Beach.

When giving his ruling from the bench, Nicholas said that he finds that at the time of purchase of the three properties included in the cases, purchased and developed between 2009-2013, there was no limitation on the number of occupants. He said he also agrees that there is a financial disparity between a vacation rental property that can rent to an unlimited number of people and one that has a limit on occupancy.

However, he ruled in all three cases in favor of the city’s motion for summary judgment based on the idea that while the city’s occupancy regulations, two people per bedroom or six people per unit, whichever is greater, does put a burden on the property owners, he did not find it to be the inordinate burden required under the Bert Harris Jr. Act.

The three properties involved in the Jan. 8 hearing are referred to as Coral Escape, Mojito Splash and AMI Breeze LLC.

The Coral Escape property, located at 132 50th St. in Holmes Beach and owned by Brian Wein as a vacation rental investment property according to court records, is a six-bedroom home. The complaint states that Wein purchased the property in 2009 and redeveloped it to its current size with the intent to rent it as a short-term vacation rental. Attorney Aaron Thomas, arguing on behalf of Wein and investor Shawn Kaleta who owns the other two properties involved, said that the city’s regulations reduced occupancy in the rental from 14 to 12 people. The claim lists an appraised loss in value of $240,000 due to the occupancy reduction.

The Mojito Splash property, located at 304 65th St. and owned by local developer and investor Kaleta, was purchased in 2008 according to the complaint filed by Thomas. The complaint goes on to say that Kaleta developed the property as a five-bedroom vacation rental and that the city’s regulations reduced occupancy from 12 to 10 people. The claim lists an appraised loss in value of $275,000 due to the reduction in occupancy.

The AMI Breeze LLC property, also purchased and developed by Kaleta as a vacation rental, is located at 209 54th St. The complaint states that the property was purchased by the LLC in 2013 and developed as an eight-bedroom property to be used as a vacation rental. Due to the city’s regulations, the claim states a reduction in occupancy from 20 to 16 guests and a reduction in value of $690,000.

Before ruling on the three cases, Nicholas said that he understands the impact and significance of the decision he was making and how his ruling could affect the two dozen other Bert Harris cases pending against the city. He added that he also respects and understands the difference between an undeveloped property and one that the owner has gone to the expense of redeveloping.

“I don’t think the plaintiffs have come close to establishing anything that could be considered an inordinate burden,” Nicholas said, adding that he doesn’t believe the city’s occupancy restrictions to be unreasonable or that city leaders are acting arbitrarily.

“I don’t believe the reduction of two tenants is a significant enough act that the Act (Bert Harris Jr. Act) applies and a dollar amount should be considered,” he said. Nicholas added that he expects an appeal to his ruling to be filed by the plaintiffs and that he would be interested in hearing what an appeals court has to say on the issue.

For her part, Holmes Beach Mayor Judy Titsworth was “very, very, very happy” with the outcome in court.

“This was huge,” she said, adding that she didn’t expect a same-day ruling. “I’m very excited.”

Related Coverage:

Bert Harris cases go back to court

 

It’s a Bert Harris win for Holmes Beach

Treehouse owners start new year in court

Treehouse owners start new year in court

BRADENTON – The case of the city of Holmes Beach versus beachfront treehouse owners Lynn Tran and Richard Hazen is back in Manatee County Circuit Court.

During a Jan. 7 hearing, Judge Charles Sniffen heard arguments from attorney Randy Mora, representing the city, and attorney Lorraine Novak, representing the Florida Department of Environmental Protection on both organizations’ motions to dismiss. Tran stepped up to the podium to represent herself and Hazen during the proceedings.

Sniffen said that he would review all of the material presented to him before rendering a judgment on the two motions to dismiss. He also said that the city’s motion for sanctions, which was not heard during the hearing, would need to be postponed until he ruled on the city’s motion to dismiss.

Sniffen did grant the city’s motion for judicial notice, which Tran said she had no objection to. By granting the motion for judicial notice, Sniffen is required to take into account all of the previous legal actions and currently pending cases in the treehouse case. Currently, there is one appeal pending in the United States District Court for the Middle District of Florida and two additional cases pending in Manatee County Circuit Court.

The treehouse case stretches all the way back to when the treehouse was constructed on the beach in front of the Angelinos Sea Lodge in 2011. According to Tran, a complaint was lodged against the construction when the two-story structure was almost completed in November of 2011 and the owners were given 30 days to remove the structure.

The treehouse is built on Tran and Hazen’s property but within the boundaries of a setback from the erosion control line. The two-story structure is for the couple’s private use and is built partially in a large Australian pine with pilings made to look like tree trunks for additional support. One of the pending cases concerns the property owners’ rights regarding construction within the erosion control line setback.

Tran said the couple spent approximately $20,000 to build the treehouse. Now the couple is facing several times that amount in legal fees and code enforcement violation fees of $50 per day that have been accumulating since mid-2013. During the Jan. 7 hearing, she said that she was representing herself and Hazen due to financial constraints.

Even if Sniffen comes back with a ruling in the city’s favor, Mora acknowledged that the fight to either save or remove the treehouse is still far from over considering the other pending litigation, including whether or not the court will order the removal of the treehouse from its Australian pine perch.

Related coverage:

 

Tree house case back in court

 

New filing in tree house case

Castles in the Sand

Is Anna Maria Island still Old Florida?

There’s no doubt how much Anna Maria Island has changed over the past 25 years since I found the Island. One might say it’s gone from shabby chic to polished coastal, but has it also gone from Old Florida to upscale Florida pretending to be Old Florida.

Last month the Island, or at least Holmes Beach, had another “best of” rankings bestowed on them. This time it was from Trip Advisor who picked the top seven “delightfully low-key Florida beach towns you might not know about.” Well if they didn’t know about it before they sure know about it now. Just what we need, more cars on the Island. On the other hand, for people who own property on the Island and want to generate some profit, this may be the right time if you follow a few simple rules.

There are lots of ways to get your property out there if you’re considering rentals, VRBO, Airbnb, the new Marriott Homes & Villas and of course, traditional Island real estate companies.

Starting with a great location is key and the Island has a multitude of great locations. Properties closer to the beach always rent for more but it’s hard to find anywhere on Anna Maria Island that’s undesirable.

Next is the number of bedrooms, the more the better. If there is any way to turn available space like an office or storage room into another bedroom it will make your rental more attractive. Also, remember the children and furnish the property with sturdy and well-built trendy furniture that is washable and somewhat indestructible. Leave the Chippendale in storage.

Provide big sectional sofas and seating areas for everyone to get cozy on, and also a large enough dining table for the maximum number of guests allowed. Add some beach essentials like beach chairs, beach toys, beach carts and maybe even paddleboards. If you have a pool having a floating chair with a drink holder could seal the deal. A gas grill is also appreciated by renters as are ping pong tables, bikes, games and restaurant recommendations. Towels, including beach and bedding that are not expensive but in good condition, are essential. No one likes a dingy towel. Don’t forget toilet paper, paper towels, bath soap and dishwasher soap, providing at least enough to get started if it’s a long-term rental and enough to get short-term renters through to the end.

Leaving a complimentary bottle of wine and some welcome cheese and crackers is a nice touch that people don’t forget. And don’t be afraid to decorate with some cute and beachy stuff. I read somewhere it’s a good idea to have a plaque made with the name of your rental placed in a position where renters might take a picture, free advertising when they show their vacation photos to friends.

The bottom line is to create a space that you would like to spend time in.

Trip Advisor loves the slower pace of Holmes Beach and the “Old Florida” vibe without the crowds. But we’re not alone – the other top six low-key Florida destinations include Venice, Cocoa Beach, Englewood, Daytona Beach Shores, Lauderdale By The Sea and Longboat Key. I’m not sure if Longboat Key residents would agree with the “Old Florida” characterization, but polished coastal does fit.

There’s no argument that Anna Maria Island is one of the most beautiful beachfront communities in the country and to people coming here for the first time it still epitomizes Old Florida. So, if you’re considering using your home as a rental there certainly is a thriving market. Old or upscale, it’s still the tops.

More Castles in the Sand:

Happy new real estate year

Home ownership matters

Million dollar homes and taxes

Castles in the Sand

The Grinch that stole your real estate deal

If you’re in a home negotiation, whether you’re the buyer or seller you better watch out for the home inspection grinch. To the buyer, the grinch is a kindly and informed fellow who will uncover all of the home’s secrets and to the seller, the grinch is a nosey picky guy who when he uncovers all of your home’s secrets will tell the buyer. Whichever grinch you see he is a necessary evil to the purchase transaction.
Home inspections have become standard operating procedure for both single-family homes and condos all over the country. Generally, a seller is entitled to a home inspection within a specified number of days after both parties have signed the purchase of sale agreement and/or contract of sale. The number of days is determined by the culture of the region and the availability of inspectors in that region.
Inspectors are looking for defects in major systems like electrical, plumbing and heating and air conditioning. In Florida in particular, inspectors are very sensitive to mold and mildew and may use a moisture meter looking for damp areas behind walls from a plumbing leak. They will also check for water pressure in toilets, tubs and dishwashers, as well as the condition of appliances and outdated wiring.
If an inspection comes back with legitimate problems, the buyer and seller should come to an agreement and time frame for repairs. If they fail to do so, the contract is voided, the buyer gets their earnest money back and everyone walks away.
Some buyers will waive the contingency of inspection in an effort to make their offer more appealing, however, they may still have an inspection. This means that in theory if an inspector finds a problem the buyer cannot walk away from the contract and will forfeit their earnest money. But, as we all know, anything can be litigated, tying the house up in court while the buyer tries to get his money back or renegotiates a new price. The point is, be careful with a buyer who removes the inspection contingency as a strategy.
As a seller, there are a couple of ways to keep the real estate grinch away from your door. One is to have your own home inspection prior to putting your home on the market. This will give you a heads up on any problems you may not know about or may not think are serious. An inspection is also a useful tool to provide your broker with to pass on to potential buyers along with other disclosure documents. Buyers will likely still want their own inspection, but it will give them a nice warm feeling about the home and you as a seller.
Another positive to present to buyers is a gift of a home warranty that covers certain repairs to appliances, plumbing, electrical systems and heating and air conditioning units. Warranties are typically for a year and will cost about $700 for the average single-family home. According to the National Association of Realtors, only 17% of all sellers offer a home warranty as an incentive to potential buyers. Again, buyers will get a nice warm feeling about the transaction and it will also make your home stand out among others. Home warranties included in the sale should not, however, remove the home inspection from the buyer’s list of due diligence items.
Even though the inventory of homes is way down, sellers should still attempt to provide quality disclosure about their property and remedy serious issues. It’s the ethical thing to do and it’s the best way to keep the Grinch from stealing your real estate transaction.

More Castles in the Sand:

Today’s challenge for buyers

Mythical credit scores

When did $100,000 not become enough?

Castles in the Sand

Today’s challenge for buyers

There’s a big predicament out there all over the country for home buyers, especially first-time buyers. There’s nothing to buy and, apparently, it’s my generation’s fault.

United States homeowners are staying in their homes much longer than ever. Nationwide, homeowners are remaining in their homes typically 13 years, which is five years longer than they did in 2010, according to Redfin. This fact is keeping the housing inventory low resulting in low sales statistics month after month. Except for the early part of this year, the inventory of homes for sale is now near the lowest level in 37 years of record-keeping, according to the housing data firm CoreLogic, Inc.

You don’t have to be an economist and expert in the housing market to understand that when owners don’t trade up to a larger home for a growing family or downsize when children leave it there are availability consequences. When this happens, which is rapidly becoming a fact, it puts a cap on the number of homes available for buyers either looking to upgrade or just coming into the market.

The baby boomer generation, who are now entering their seventies, is partly to blame for the lack of inventory since many of them are staying healthier later in life, are more active and don’t see any reason to downsize. Some states make it easier for seniors to stay in their homes with generous tax benefits. In most states, once you move you lose that benefit which only encourages senior homeowners to stay put.

In Manatee County, however, there is a program for homesteaded residents that allows homeowners to move to a new home and retain some of the tax benefits of the original home. This is called portability and it gives you the ability to transfer the “Save Our Homes” cap to a new home. The “Save Our Homes” cap is the difference between your market value and assessed value. For example, if the just value of your new homestead property is more than the just value of your old homestead, you will be able to transfer your cap up to the $500,000 limit. This went into effect on January 1, 2008, and allows you two years to make the application for portability. In addition, there is no limit on the number of times you move and apply for portability.

October sales statists from the Realtor Association of Sarasota and Manatee is showing a similar trend in inventory. Here are the numbers.

Both Manatee and Sarasota counties continue the upward drift in sales prices with Manatee doing a little better. The number of closed single-family homes in Manatee County increased by 5% compared to last October. The median sale price for single-family is $325,000, up 9.1% from last year and the average is $396,342, up 7.4%. Sarasota’s single-family median sale prices increased by 5.6% to $285,000 and their average sales price increased by 12.5% to $385,131.

Condos in Manatee County closed 0.5% fewer sales, however, the median sale price increased 0.9% from last October to $192,999 and the average sale price increased 20.2% to $262,724. Sarasota’s condo median sale price decreased 5.7% to $220,352 and their average also decreased by 0.9% to $297,501.

Inventory of available properties continued to drop in Manatee County to a 3.4 months supply for single-family homes and 3.7% for condos, putting additional pressure on the market. Who knows what the inventory future holds and the effect it will have on the upcoming selling season? In the meantime, buyers are just waiting and waiting and blaming their parents and grandparents. Happy Thanksgiving!

More Castles in the Sand:

Mythical credit scores

When did $100,000 not become enough?

Are condos the future of housing?

Noise problems for 68th Street residents

Noise problems for 68th Street residents

HOLMES BEACH – Under advice from the city attorney, commissioners reluctantly agreed to add a provision to the noise ordinance allowing a waiver for necessary projects, primarily beach renourishment.

The issue came up during a Nov. 19 work session when commissioners were discussing making changes to the city’s noise ordinance. Attorney Patricia Petruff informed commissioners that she had been approached by Manatee County Parks and Natural Resources Director Charlie Hunsicker to obtain a waiver for the noise ordinance requirements for work due to beach renourishment. Petruff said that equipment would need to take up the city’s 50-foot-wide right of way at the 68th Street beach access and that work would need to take place 24 hours a day for however long the project takes. She added that if a waiver or exception to the noise ordinance was not provided by the city that it was inferred that beach renourishment activities would skip that area.

Commissioners agreed to add the provision to changes already underway in the noise ordinance but said that they want more information on the project and exactly what residents in the area will have to deal with from construction noise and how long it will take. They agreed to ask Hunsicker to attend their Dec. 10 meeting to provide a presentation on the planned beach renourishment activities and answer questions from commissioners and the public.

Commissioners also said they want to make sure that residents along the 68th Street access are properly notified before any work begins.

WMFR celebrates promotions, awards

WMFR celebrates promotions, awards

BRADENTON – West Manatee Fire Rescue’s commissioners and staff had a lot to celebrate during the board’s Nov. 19 meeting with two new firefighters sworn in, three promotions and two Phoenix Awards handed out.

First on the agenda was the oath which was given to new hires firefighters Aaron Reese and David Stark. Reese is working to finish paramedic school in December while Stark comes to WMFR from Manatee County Emergency Management Services.

Firefighters Aaron Reese and David Stark take their oaths as West Manatee firefighters. – Kristin Swain | Sun

Firefighter Tyler MacDonald was promoted for the rank of lieutenant but was absent from the meeting. He will officially be promoted during the district’s January board meeting.

Also promoted was firefighter Clayton Lease who was promoted to the rank of firefighter third class.

More than a month after he started the job, firefighter Jay Johnson was officially promoted to the position of administrative battalion chief, serving as the right hand of new Chief Ben Rigney. Johnson’s family was on-hand to help celebrate the promotion and his father had the honor of pinning his son with his new badge.

Firefighter Clayton Lease is promoted to firefighter third class. – Kristin Swain | Sun

Two Phoenix Awards also were handed out to firefighter/paramedics Zachary Benshoff and Cameron Frazier.

WMFR gives Phoenix Awards to first responders who respond to a cardiac arrest call where the patient is brought back from the brink of death and is able to leave the hospital under their own power. Johnson and Rigney presented the awards.

Benshoff and Frazier earned this Phoenix Award after responding to a drowning call on Sept. 21 with two of their fellow firefighters, Corey Hill and Capt. Buddy Leigh.

Johnson said that when the WMFR team arrived, CPR was already being conducted by marine rescue personnel and a bystander. The WMFR paramedics took over patient care using their medic training and the district’s non-transport advanced lifesaving equipment and were able to keep the patient alive until an EMS transport unit arrive four minutes later. The patient was able to leave the hospital on Sept. 30.

Battalion Chief Jay Johnson addresses commissioners just moments after being officially promoted to administrative battalion chief. – Kristin Swain | Sun

For a patient who needs CPR, Johnson said their chances of survival drop 10% every minute without patient care. By WMFR’s paramedic trained firefighters arriving on-scene four minutes ahead of EMS, he said it increased the drowning victim’s survival rate by 40%.

“That’s huge,” Johnson said of the rescue efforts. “That’s why we’re here and we’re just so proud of you.”

Related coverage

Lawsuit filed against fire department

WMFR celebrates life with Phoenix Awards

WMFR welcomes Rigney, says goodbye to Sousa

Construction moves forward at city field

Construction moves forward at city field

HOLMES BEACH – Projects at the city field complex are underway and showing signs of significant progress, however, some residents are concerned about what the finished product will look like.

City Engineer Lynn Burnett presented plans for the expanded large dog park, multi-use field, walking track and skate park during the Nov. 19 city commission meeting.

Work is already underway in both the skate park and the dog park with drainage work completed in the dog park and elements already being installed at the site of the new skate park. The dog park is currently planned for a December or January grand opening while the skate park is planned to open to the public shortly after. Other openings, including for the multi-use field and tot lot playground are expected later in the new year. Rather than having a single grand opening for the park complex, each area is now expected to have its own public opening.

Workers break up the concrete pad that once housed the city’s tot lot playground equipment in preparation for the installation of the new skate park. – Kristin Swain | Sun

Though the construction is visibly moving forward now, there are some residents who are still concerned about what final product will be unveiled to the public, particularly in the dog park.

Though Burnett presented plans for the dog park, including the fencing, two double gates, a water fountain, seating area for patrons and a fire hydrant-style splash pad for dogs, several dog park users present at the meeting still had questions about what will be included in the park.

Resident Mary Miller said that she feels the overall message coming from city hall concerning the dog park is fear for users that decisions will be made without public knowledge. She said she doesn’t mind seating being moved from the old pavilion, which Development Services Director Eran Wasserman says is in no condition to be moved from the current dog park location, but that she wants to know about the alignment of the benches before they’re installed.

“We just want input,” she said.

Parks and beautification committee member Carol Hatz said she feels that using the old dugout area as seating is too far removed from the majority of the dog park and fears that people will not use it. Wasserman said that the intention is to put in U-shaped seating areas where park patrons can visit and can still have a good view of their pets.

Mayor Judy Titsworth said that her door is always open to residents concerned about the dog park or any other elements of city field. She invited the community to reach out and call either herself or Wasserman with any questions.

Drainage work is completed at the site of the new large Holmes Beach dog park. – Kristin Swain | Sun

For the majority of the elements of the dog park, including ground cover, Titsworth said that Burnett and her team are deferring to suggestions made previously by members of the city’s parks and beautification committee. The suggestions were formed over a period of a year with input from dog park users. She said that fencing in the dog park is expected to go up within the first 10 days of December with construction on the dugouts, turning them into welcoming pavilions for patrons, beginning soon as well.

Commissioner Carol Soustek said that while the plans for what will be taking place in the dog park are done for now, it doesn’t mean that they’re set in stone. She said she envisions the dog park as an evolving element of the city field complex and that changes and additional upgrades will be made as needed over time.

“I think the parks and beautification committee did a tremendous job,” she said.

Titsworth reemphasized how important she feels the dog park is to the city as a whole.

“It’s an important feature for our community and I want the dogs to love it,” she said.

Related coverage

Dog park supporters get answers

Dog park users disappointed with lack of progress

Funding received for skate park bowl

Skate park design nears completion

Stormwater fees on the rise in Holmes Beach

Stormwater fees on the rise in Holmes Beach

HOLMES BEACH – At the urging of City Engineer Lynn Burnett, commissioners have opted to move forward with raising the city’s stormwater fee from $1.50 to $4.40 per 100 square feet of property owned for the 2020-21 tax year.

The increase comes on the heels of a previous increase for the current 2019-20 tax year that saw the stormwater fee amount double from $0.75 to $1.50.

The increase was the highest amount recommended by Burnett who said that the additional funds are needed for resiliency and stormwater retention projects to reduce flooding during king tide and storm events. She said that commissioners could gradually increase the stormwater fee amount over a five-year period to get it to the needed $4.40 and face a deficit over the next several years. However, she recommended jumping now to the $4.40 fee to “put the city in a position of strength” with regard to resiliency projects. Burnett said that even with an increase in stormwater fees she would still be working toward securing grant and appropriations funds to further the city’s stormwater and resiliency projects.

Commissioner Terry Schaefer asked his fellow commissioners to consider offering an exception to the higher rate for property owners who could prove they’ve engineered their property to absorb stormwater runoff, such as the Key Royale Golf Club which he said is working toward that goal. Burnett said that if any exceptions are offered, the fee would have to go up for the remaining property owners to make up the difference. Currently, an exemption is offered for government property, submerged property and Anna Maria Elementary School.

Commissioner Kim Rash said he feels that places of worship also should be exempt from paying stormwater fees and that he was not in favor of asking the city’s property owners to pay such a high increase in fees.

Commissioner Carol Soustek said that due to rising costs to prevent floodwaters from taking over the Island she felt that it’s better to raise the stormwater fee now and reduce it later, if possible.

The matter will go before commissioners for a vote during their Dec. 10 meeting. If it passes commission vote, property owners will see the increase in August 2020 on their trim notices. Burnett said there is an appeals process for property owners that can be used on an annual basis and requires a written request to appeal within 30 days after the ordinance is adopted.

Related coverage

Planning commissioners talk future flooding

Flood insurance rates changing

Lawsuit filed against fire department

Lawsuit filed against fire department

BRADENTON – West Manatee Fire Rescue commissioners had a couple of legal decisions to make when the board met Nov. 19, first to select new legal counsel and second, to decide how to move forward with a pending lawsuit.

In a unanimous vote, commissioners appointed attorney Maggie Mooney as the district’s legal counsel, replacing the retiring Jim Dye. Mooney also represents four other Manatee County fire districts.

In her first act as the attorney for WMFR, Mooney informed commissioners that a lawsuit had been filed against them in Manatee County Circuit Court and an administrative appeal in the same case also had been set for a hearing on Nov. 25 with the Manatee County Fire Code Appeals Board.

The appeals board is a seven-member volunteer board made up of local professionals. This will be the first appeals case that has gone before the board.

Mooney said that local builder and real estate investor Shawn Kaleta had filed both the lawsuit and the administrative appeal on Nov. 18, appealing a decision made by Fire Marshal Rodney Kwiatkowski to require a sprinkler system installed at the Bali Hai Beach Resort. The resort is owned and being remodeled by Kaleta. Mooney said that the administrative appeal should technically have been ruled on before a lawsuit was filed but that in this case, both had been done at the same time. Until the administrative hearing is held, she said the lawsuit cannot be heard in court.

The appeals hearing was held at Cedar Hammock Fire Rescue District’s administration building Nov. 25 after press time for The Sun.

On behalf of Kaleta’s Bali Hai JV LLC, attorney Jason Miller filed an emergency motion for permanent injunction, arguing that Kwiatkowski’s interpretation of the Florida Fire Code, requiring sprinkler system was delaying the completion of the remodel of the property at 6900 Gulf Drive in Holmes Beach. In the motion, he alleges that as a result of the requirement for fire sprinklers that Kaleta will suffer irreparable financial harm that would likely be unrecoverable.

In the lawsuit, Miller asks for declaratory relief and preliminary and permanent injunctions due to the alleged halting of construction and stopping of the permitting process related to the requirement for fire sprinklers.

The Life Safety Code, a provision of the Florida Fire Prevention Code, says that only one and two-family dwelling structures are exempt from a requirement for sprinkler systems. The Bali Hai has 48 suite and hotel room units.

The lawsuit claims that the resort can be booked for $795 per night during season and that Kaleta could suffer monetary damages in excess of $15,000 not including attorney costs.

Mooney said that if WMFR were to win the administrative appeal and have Kwiatkowski’s ruling upheld, it doesn’t mean that the lawsuit won’t go forward. She recommended commissioners authorize Chief Ben Rigney to enter into a contract for specialist litigation attorneys to fight the case. On Nov. 20, attorneys Martin Garcia and Josh Dell of The Law Firm of Matthews Eastmoore out of Sarasota were entered into the court record as attorneys for WMFR. The case has been assigned to Judge Charles Sniffen.

Related coverage

WMFR welcomes Rigney, says goodbye to Sousa

WMFR approves budget, assessment rate

WMFR celebrates life with Phoenix Awards

Reel Time: Mars Bay Bonefish Lodge

Reel Time: Mars Bay Bonefish Lodge

“Big bonefish 12 o’clock, 60 feet mon,” our Bahamian guide Lox whispered to my partner Gerry Tipper.

Pointing his rod, Lox had him swing the tip until three big dark shapes morphed into view. When the fish were 50 feet away, Tipper placed the mantis shrimp fly in their path and waited for direction. “Strip now, strip,” Lox instructed as the fish were approaching the fly. All three bonefish rushed the fly, the smallest fish reaching and inhaling the fly first. Gerry set the hook with a quick strip strike and shifted his attention to the bow, watching as line flew from the deck while making sure there were no obstructions.

When the fish was on the reel, he set the hook again and held on as the bonefish made a blazing run for the nearby mangroves. I grabbed my camera and watched in awe as line melted from Tipper’s reel. As the bonefish closed in on the mangrove roots, Tipper palmed the reel trying to turn it. The big fish was unstoppable but as luck would have it, it only went under one mangrove before crossing a channel and going into another clump of trees. Lox pointed it out trashing on the surface 200 yards away. We managed to clear the line from the first mangrove root and poled across the channel to the other mangroves.

As we approached, I jumped from the boat and waded over to find the fish. When I spotted the big fish, it was completely wound around an arching root. I grabbed the exhausted fish and with Lox’s help managed to free it. Holding the fish, I was amazed at its weight and size. At 9 pounds, it was the biggest bonefish I had ever held. Even a small bonefish will amaze anglers with their power but a big bonefish drops jaws, including mine. After taking a few pictures we revived and prepared to release the big fish. As I was high-fiving Tipper I noticed Lox swishing the fish in the mud. When I asked what he was doing he related that covering the fish with mud before releasing it kept the scent down so the fish could recover its strength before a shark or barracuda could find it. I logged another lesson learned! The balance of that day we encountered and hooked three other fish in the 8- to 10-pound range, all of which broke us off in the mangroves. Fortunately, we managed to land several other smaller fish.

If had to pick my favorite fish to catch, it would probably be a bonefish. Tarpon are amazing targets as are redfish, little tunny and snook, but sight fishing for bonefish in the locations they inhabit and the crystal-clear waters in which they swim is incomparable. Not to mention that a well-placed fly is more often than not tracked and inhaled. On this trip, I was visiting a new (to me) lodge on South Andros with my friend Captain Rick Grassett and a group he had been bringing to the Mars Bay Bonefish Lodge for the past five years.

The lodge is situated near the southeast tip of what is the largest and least populated island in the Bahamas. I’ve been to the island several times but not in a long time. It was one of a few places I’ve been in a long while that had hardly changed. That went for the fishing as well. There are a few places I know where you can fish all day in solitude and never see another angler. South Andros was like that when I first visited in the late 90s and remains that way today.

The lodge was incredibly well-run by a Bahamian staff and guides, owned and managed by Bill Howard, an American expatriate from Nebraska. We stayed at the lodge for seven nights and fished six days. The day started out with a seven o’clock breakfast, although coffee was on for early risers by 5:30. We loaded up at 8 a.m. and made a five-minute ride to a nearby boat basin where boats, guides, drinks and lunches were waiting. We returned to the basin at 4 p.m. after eight hours of poling and wading the seemingly endless flats on the southern tip of the island.

At the lodge, staff had laid out libations and local hors d’oeuvres. The food at the lodge was consistently excellent and included fresh local delicacies including lobster, conch, fish and meats. Dinner was served at 7 p.m. and evenings were spent discussing the days fishing on the back veranda where cool Bahamian breezes were complemented by a sky ablaze with stars and the occasional satellite. On the rare nights when the wind abated, we watched football on a flat-screen TV from comfortable chairs and couches.

It had been a long time since I had visited the Bahamas but I’m already signed up for next year’s trip. If you’re interested in experiencing some of the world’s best fishing in a destination that’s literally in your backyard, contact Grassett at 941-350-9790 or check out his website. The lodge can be reached by emailing marsbaybonefishlodge@yahoo.com. Check out their excellent website.

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Funding received for skate park bowl

Funding received for skate park bowl

HOLMES BEACH – A last-minute funding scare caused city leaders and staff to leap into action along with community members.

Holmes Beach Mayor Judy Titsworth said that though funds had been promised to help fund the bowl for the new city skate park, when it came time to tell the team from Pivot Custom, a division of American Ramp Company, whether or not the city would be commissioning the bowl, she discovered that only $28,000 of the $100,000 was available.

With only three days to raise the remaining $72,000, Titsworth, Police Chief Bill Tokajer, Code Compliance Officer James Thomas and resident David Zaccagnino took to the phones and social media to help raise the money for the bowl.

Local residents and contractors stepped up to donate funds, supplies and construction materials equaling enough funds to have Pivot build the bowl addition to the skate park, designed by Tito Porrata and his team. Construction to remove the bocce ball, shuffleboard and old tot lot and build the new promenade-style skate park with a Y-shaped, four-foot-deep bowl is already underway along Marina Drive at the city field.

“It was amazing to be a part of that team, to find that money and get it done,” Titsworth said of the fundraising effort during a Nov. 13 Coalition of Barrier Island Elected Officials meeting. “It was amazing the generosity of the citizens this time of year. I mean, it was beautiful.”

She added that additional funds of $30,000 also had been raised to purchase new playground equipment for the tot lot, planned to be relocated near the pavilion at city field. Landscaping also was donated for the city’s new dog park.

As a thank you to the residents and business owners who stepped up to donate to the bowl, Sean Murphy donated a $250 gift card to Beach Bistro and former commissioner Rick Hurst donated a $250 gift card to The Freckled Fin to be given to two of the donors in a drawing.

The dog park is planned to open in December with the skate park opening in January or February followed by the opening of the tot lot and multi-use field.

Related coverage

Skate park design nears completion

Skate park plans move forward

Castles in the Sand

Mythical credit scores

Generally, credit scores are available through one of your credit card companies, financial institution or loan statement, and if you don’t know yours you should make a point of finding out even if you have to pay a fee. You are entitled to a free credit report from the three national credit bureaus annually, but they do not contain credit scores.

One of the most misunderstood aspects of mortgage financing is the mystical credit score. Many people applying for credit, whether it’s home financing, automobile financing or credit cards, are terrified of what their credit score is and how it will impact their ability to be granted a loan.

Credit score ranges start at 300 and go up to 850. 740 to 799 is very good and is where 25 percent of people are and 800 to 850 is exceptional and is where 20 percent of people are. Obviously, you want to acquire a credit score as high as possible as it will not only affect your ability to borrow money but also getting accepted for an apartment, deposit waivers on services as well as enticing potential employers.

There is, however, a lot of misinformation about credit scores. For instance, future homeowners worry that shopping around for a mortgage will hurt their credit score. Not true, the scoring models assume you’re going through a shopping process and will bundle these requests into a single inquiry.

Another one is understanding the difference between a hard inquiry and a soft inquiry. A hard inquiry is when you’re trying to refinance your mortgage or sign up for a store credit card, those inquiries could drop your score a few points whereas a soft inquiry could be a background check or a utility company setting up a new account.

Also, many people believe that carrying a balance on a credit card is good for the credit score, but here again it doesn’t help. Keep in mind that it is important to utilize your credit but not to max out your credit. A rule of thumb is to use less than 30 percent of your available credit each month and ideally less than 10 percent.

What is very important is to pay your bills on time and have mature credit accounts with a diverse range of loan products. This shows good handling of debt and experience with the use of credit. Also, asking for a credit limit increase can be one of the fastest and easiest no-cost ways that anyone can help their credit score.

What is at the bottom of the list of bad things to do to drop your credit score is a foreclosure and bankruptcy. Late mortgage payments, collections especially if a lender takes a loss, foreclosures and chapter 13 bankruptcies hurt your credit score for seven years. A chapter seven bankruptcy will hurt it for 10 years. If you mismanage your credit and get in one of these positions, you can pretty much kiss your new home goodbye.

Finally, take advantage of your free credit report annually. Credit card companies make mistakes and you might catch a fraudulent use of a credit card or new inquiry for credit. If you know you will be applying for a home loan, it might also be a good idea to purchase a credit monitoring service, so you know immediately if there is a mistake or some hanky-panky on your credit report.

Knowing ahead of time will save you a lot of grief down the road when your home loan or car loan or student loan is turned down for something you’re not responsible for.

Staying informed is the best defense against the mythical credit score monster.

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Reel Time: Polarized glasses

Reel Time: Polarized glasses

Polarized sunglasses are essential for serious anglers. They serve multiple purposes including protecting the eyes from damaging UV light, cutting the surface glare and keeping eyes from tearing in the wind while running. Enhancing the visibility below the waters’ surface is an indispensable advantage when looking for signs of fish while sight fishing.

Many anglers choose their glasses according to style, not realizing that the color of the lenses and other factors determine their real effectiveness. Color is important, but it’s just one of the choices that you will need to make to get the most from your sunglasses.
After choosing a frame that’s comfortable and fits your face, lens color is the most important component.

Anglers who fish blue water and spend long hours over the open sea generally prefer grey lenses. Grey provides natural contrast and minimizes color distortion in offshore waters. Brown/amber lenses are the common choice for flats fishermen who sight fish in shallow water. Brown/amber lenses offer a brighter field of vision, better visual acuity, and excellent color contrast. Many dedicated anglers own more than one pair of glasses. The color vermillion and light copper heighten visual acuity and enhance color in low and flat lighting conditions. When the sun is out and bright, they switch to the darker grey, brown or amber lens. Anglers also have the option of choosing sunglasses that feature interchangeable lenses.

The reduction of glare has another beneficial component. The eye functions like a camera and must adjust to varying light levels. On a bright day, the pupil constricts, muting light levels. Polarized lenses help eliminate reflected glare, so the remaining light falls in a much narrower range of intensity. The eyes can then relax, allowing greater depth perception and truer color contrast.

When choosing polarized glasses you have a number of options: cheap versus expensive, glass versus (polycarbonate) plastic, cast versus laminated polarized lenses and color. The lowest quality glasses are the so-called “rack glasses,” the kind you find in the local pharmacy. These are better than no sunglasses, but you should buy the best pair you can afford. As a rule, a quality pair of polarized sunglasses are expensive but they’re well worth the money.

One of the major decisions is choosing glass or polycarbonate (an advanced plastic) lenses. Glass lenses provide better visual acuity (clarity) than plastic and are more scratch-resistant. However, glass lenses are heavier and can fatigue the ears and nose after many hours. If you purchase glass lenses make sure you buy a quality pair with a broad, comfortable nose piece.

Whether you choose glass or plastic lenses, your primary considerations will be frame style and lens color. Choose a frame that is comfortable and one that helps block out extraneous light. Some glasses wrap around the side of the face, while others have separate side shields.

Several of the top manufacturers of sunglasses feature technologies that further increase the effectiveness of polarized lenses. Some offer photochromic lenses that lighten or darken as light levels vary during the day. Lens coatings are another consideration. High-quality sunglasses often come with some type of coating. Hydrophobic coatings repel water so that the occasional water droplet doesn’t affect your vision. Lenses may also be coated with a chemical to make it fog proof. These options can be particularly valuable for humid environments. Some brands also include flotation assuring the glass will float, a good option for your considerable investment.

If you wear prescription lenses with or without bifocals, make sure your sunglasses have them too. Trying to tie on a lure or fly after gazing at the water for a long time can be frustrating and put you at a distinct disadvantage. You can get prescription lenses with bifocals in both glass and polycarbonate.

When you choose a pair of polarized glasses, follow the guidelines above while experimenting to find the color that works best in your fishing situation. By choosing a quality product with the proper color you’ll greatly expand your fishing horizon while protecting your most valuable asset, your vision.

Some of the more popular brands you might want to consider are made by Smith Optics, Costa Del Mar and Amphibia. Choose your sunglasses carefully; they’re one of the angler’s most valuable tools!

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