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It’s a Bert Harris win for Holmes Beach

HOLMES BEACH – City leaders have reason to celebrate as a win comes in for Holmes Beach in a Bert Harris case filed by residents Robert and Ellen McCaffrey.

The news came in the form of a judgment from 12th Judicial Circuit Court Judge Lon Arend dated Nov. 2. The trial for the Bert Harris case was held Aug. 15-18 in Manatee County.

In the case, the McCaffreys, owners of a Holmes Boulevard property since 1993 in the R-2 residential district, alleged that the city’s ordinances setting a maximum living area ratio based on lot size and restrictions on the number of bedrooms and pools associated with duplex units, along with onsite parking requirements seriously affected the couple’s plans to redevelop the property and sell it in order to retire.

Court documents show that due to the LAR restrictions, the McCaffreys are limited to redeveloping the lot with new construction to a home or duplex with a total of 3,350 square feet of living area. The duplex restrictions require a connected duplex with a maximum of three bedrooms per side rather than the five the lawsuit says the couple had planned. The lawsuit also alleges hardships due to required driveway size and onsite parking requirements as well as restrictions on pool location and size for duplex units. The McCaffreys requested $15,000 in relief.

In his judgment, Arend said the McCaffreys failed to prove they are entitled to relief and that the claims against the city were invalid. Because the McCaffreys had not proceeded with redevelopment of the property prior to the ordinances being enacted, Arend said the case was based on a theory of use rather than an actual use of the property. The judgment also says that since the use of the property as a duplex vacation rental property with a pool is still allowed under the new ordinances, the use of the property is not impacted. The judgment goes on to state that “It was speculative and unreasonable for Plantiffs (the McCaffreys) to expect to develop their property with unlimited LAR, pool size, and parking based only on the premise that other in the R-2 district had done so.”

In an email to city leaders, attorney Jay Daigneault, representing the city, said that he would work to recover court costs but doubted the city’s ability to collect or entitlement to be reimbursed for attorney fees in the matter. He said the victory in this case will help the attorneys to prepare for the other Bert Harris cases being heard in the coming months.

The McCaffreys have 30 days from the date of the judgment to file an appeal.

AMI plaza site plan amendment

Commissioners uphold site plan expiration

HOLMES BEACH – If property owner and local businessman Mike Hynds wants to go through with his plan to place residential rental units on top of AMI Plaza, he’ll now have to work his way once again through the city’s site plan approval process.

When Hynds originally applied for a site plan amendment to place four residential apartment units above the existing AMI Plaza structure in 2017, it took months before the plan was approved by commissioners and a few more months before Hynds himself signed the resolution to amend the site plan in January 2018.

Now, 10 months later, he’s ready to apply for building permits, according to emails received by the city clerk’s office. The obstacle standing in his way is that the site plan approval expired 90 days after the site plan amendment resolution was signed and recorded on Jan. 22.

Though the resolution allowed for Building Official Jim McGuinness to grant a 90-day extension before the expiration of the approval, no request was made. Instead, McGuinness argues that Hynds read the resolution incorrectly and believes the site plan approval doesn’t expire for a period of three years.

Commissioners weren’t inclined to agree with the interpretation, voting 3-1 to allow the site plan approval to remain expired, with Commissioner Rick Hurst recusing himself as a tenant of Hynds’ and Commissioner Carol Soustek voting “no.”

“Hynds looks at everything thoroughly. He does his due diligence,” Commissioner Judy Titsworth said. “I say it’s expired. He let it go.”

City Attorney Patricia Petruff offered a different point of view, noting that she still believes the proposed site plan amendment that was previously approved would still be a viable project and earn commission approval if brought back before the dais.

“Do you want to be in litigation over this?” Petruff queried commissioners. “How important is it to be right for a project that if he brought it back next week you might would approve it?” She did agree that the city has a legally supportable stance on the site plan expiration.

Commissioner Pat Morton said he was hesitant to change the city’s policies for one person. “It’s expired,” he said of the site plan approval.

Titsworth said that if Hynds wants to move forward with the project, he can bring it before the newly-seated commission after the November election and see if they agree to approve the project. “We need to play by the rules,” she said.

Commissioner Jim Kihm agreed that allowing Hynds to move forward with the project on an expired site plan approval set a dangerous precedent for the city.

For her part, Soustek said while she recognizes that Hynds is in default for not moving on the site plan approval when it was given by commissioners, she also recognizes the time and city resources it took to move through what was a difficult approval process. “I don’t want to go through that again,” she said, voting in favor of allowing Hynds to request a site plan approval extension and move forward with the project.

Related Coverage

AMI site plan amendment revisions scrapped

Holmes Beach golf cart low speed vehicle map

Holmes Beach considers golf cart regulations

HOLMES BEACH – If you drive a golf cart in Holmes Beach, new regulations may be on the way that affect where you can go.

During the Oct. 23 work session, commissioners considered a draft ordinance brought forth by Holmes Beach Police Chief Bill Tokajer concerning the use of golf carts and low-speed vehicles in the city. Tokajer said that Holmes Beach is the only one of the three Island cities currently allowing golf carts that are not street legal to be driven on all city streets by a licensed driver. With the new ordinance, he hopes to make the city’s streets safer for golf cart users and motorists by taking the slowest of the vehicles off main thoroughfares.

Tokajer suggested either requiring golf carts to be retrofitted to be street legal and registered with the Florida Department of Motor Vehicles or confining their use to Key Royale where a golf course is located. He estimates it would cost $1,300-2,000 to make a standard golf cart street legal with the biggest costs being the registration and installation of a windshield.

Commissioners recognized the need for increased safety on golf carts operated within the city but balked at the idea of restricting their use to the Key Royale neighborhood.

Commissioner Judy Titsworth said she agrees that seeing golf carts carrying children with no safety belts scares her, but she doesn’t want to take rights away from responsible residents who depend on their golf carts for local transportation and might not have funds to make an investment in making the golf carts street legal.

Commissioner Carol Soutek, a golf cart owner, said she also was concerned with the idea of taking away a mode of transportation that many Holmes Beach seniors depend on.

“The residents are pretty responsible with their golf carts because they appreciate having it,” she said. “I would like to leave the residents’ golf carts alone.”

In lieu of banning golf carts all together, Tokajer suggested commissioners consider requiring them to be retrofitted with seat belts, and any children of an appropriate age or size are required to ride in a car seat, just as they would be in a vehicle. He also presented a color-coded map with a suggested golf cart route through town focusing on back streets rather than main thoroughfares where traffic is more intense. He suggested disallowing low-speed vehicles and golf carts on city streets with a speed limit of 35 miles per hour.

Commissioners agreed to consider the implementation of seat belts and restricting the use of the vehicles in higher speed limit areas. They asked Tokajer to come back with ideas for a city golf cart registration program.

Holmes Beach city field update map

City field improvements get the green light

HOLMES BEACH – A new plan is on the table for the city field complex and commissioners are ready to start seeing progress made on the planned renovations.

After going through a few different attempts, City Engineer Lynn Burnett, with the help of commissioners and public input, finally hit on a layout for the complex that meets the needs of users and helps to better utilize the space.

With the newly approved layout, the large dog park will expand to .86 acres and take over much of the current baseball diamond and outfield leading to the fence separating the field with the small dog park. The small dog park is staying in its current location. During construction on the park complex, planned for the current and 2019-2020 fiscal years, Burnett said the large dog park will remain open for users until the new one can be completed.

Bocce ball courts, horseshoe pits and shuffleboard courts will be relocated to part of the area currently used as the large dog park. The construction staging area on the northeast side of the park will be relocated to the current skate park area, adjacent to public works. Parking will take up the current staging area. The tot lot is planned for relocation near the existing gazebo, where it can be expanded in the future, and the skate park is planned for expansion along Marina Drive. Burnett also suggested ringing the complex with a jogging track with exercise stations and utilizing the area in front of public works as a future overflow parking area. She said the Anna Maria Island Privateer’s Skullywag land-bound ship would not have to be relocated.

The remaining park area is planned as a multipurpose field that can be used for festivals, community events, or bases can be laid down for a pickup baseball game.

A memorial tree with dedication plaque located in the Marina Drive facing area of the park complex will remain in its current location.

Commissioners agreed unanimously to move forward with the proposed plan. Burnett said that while the tot lot can be relocated in-house using public works employees, she will have to come back before commissioners with contracts to be approved for the other work to be done.

“I like it,” Commissioner Pat Morton said of the project.

“I think it’s great,” Commissioner Rick Hurst said, congratulating Burnett on a job well-done.

Related coverage

New plans emerge for city field

Dog park users concerned with city field improvements

New concept emerges for city field remodel

Benjamin Conlon

Former restaurant manager charged with fraud

Hurricane Hank’s owner Brian Mathae had a rude awakening in June when he checked the payroll records and now his former manager, Benjamin Conlon, faces a fraud charge.

Mathae said it began when he checked the manager’s computer for earnings and allegedly found duplicate paychecks to Conlon.

He called the police and Holmes Beach Detective Sgt. Brian Hall started an investigation. He found Conlon had allegedly taken $13,680 more than was allowed. Mathae found out Conlon was the only person to have access to the payroll.

Hall sent a report to the state attorney’s office, and Conlon was arrested. He was bailed out and faces an arraignment on Nov. 9.

Mathae said he was disappointed, and his priority is to get back the money that was lost.

“The profit margin is tight in the restaurant business,” he said. “This happened while tourism took a hit because of red tide.”

Trial date set in alleged burglary, assault

BRADENTON – The trial of a Holmes Beach man accused of burglarizing a Holmes Beach house and beating the female owner has been set for April 15, 2019, in circuit court.

Mark L. Snyder, 56, faces charges of burglary, assault or battery, aggravated battery (with great bodily harm – victim 65 years of age or older) and second-degree grand theft in the June 28 crime.

Mark Snyder trial
A trial date has been set for Mark Snyder, accused of attacking a Holmes beach woman and burglarizing her home. – File Photo | Sun

Snyder was arrested July 3 after a neighbor tipped police that he appeared to match a surveillance video’s description of the suspect, and he drove a vehicle that also matched the suspect’s vehicle.

According to the Holmes Beach Police report, the victim returned home to find a man in her bedroom in the process of stealing her property. She told police she screamed, and he hit her a number of times, causing her to fall and bleed. He then fled the residence carrying bags of stolen jewelry.

The victim, who does not want to be identified, was taken to Blake Hospital with a broken bone in her face and lacerations to her head.

Snyder is still incarcerated after his bail was revoked.

Related Coverage

Suspect arrested again, charged with second burglary

Burglary in Holmes Beach

ultralight

Commissioners consider aircraft nuisance ordinance

HOLMES BEACH – Commissioners are considering enacting an aircraft nuisance ordinance that will carry hefty fines for violations.

During the Oct. 23 commission work session, Police Chief Bill Tokajer presented the proposed ordinance to commissioners, saying there have been complaints about the pilot of a two-person aircraft that flies along the Palma Sola Causeway and Anna Maria Island. Tokajer said the pilot’s intent to pick up and drop off passengers from the Manatee Public Beach also is a cause for concern because it creates a liability issue for the city.

If the new ordinance is approved, ultralights and other aircraft cannot be piloted over congested areas and places of open-air assembly. Under the ordinance, beaches, parking lots, waterways, and water areas surrounding the city would be included. Commissioners also agreed to include parks in the proposed ordinance. To fly over these areas, the pilot must fly no lower than 1,000 feet over the highest obstacle within a horizontal radius of 2,000 feet of the aircraft at any time.

Violation of the ordinance constitutes a nuisance, and offenders can be charged $500 for the first violation, $1,000 for the second violations, $2,000 for the third violation and a fourth violation would amount to the highest fine allowable by law. City Attorney Patricia Petruff said she would research to determine what the options for the actual maximum fine could be. Commissioner Jim Kihm suggested also adding a provision that if the recipient chooses to contest the fine and go to a special magistrate, the recipient should pay all fines plus the cost of special magistrate administrative fees if the fine is upheld.

Though the ordinance was scheduled for a first reading at the regular commission meeting immediately following the work session, Petruff said too many changes had been made, and a first reading would need to be scheduled for a future meeting.

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Missing bollards mystery stumps scenic highway management

Low plane flights cause buzz on Island

boil order 24 st to east bay-page-001

Boil order takes effect Wednesday

A precautionary boil order has been issued for residents living on Gulf Drive from 24th Street in Bradenton Beach going north to East Bay Drive in Holmes Beach. Manatee County Utilities Department officials said water will be turned off in this area beginning Wednesday, Oct. 24, at 10:30 p.m. while pipes are tied into the water line. Water will be turned back on Thursday at 6 a.m.

Residents are advised that once service is restored, all water used for drinking or cooking should be boiled as a precaution. A rolling boil of one minute is sufficient. As an alternative, bottled water may be used.

All side streets in the area are included in the boil order except for Avenues A, B, C, E and F.

This precautionary notice will remain in effect until a bacteriological survey has shown the water to be safe, normally 24 to 48 hours. A rescission notice will be issued when the order is lifted.

Regulations require that two consecutive samples be collected for bacteriological quality following the water being shut off. In order to restore full service as soon as possible, the Department of Health allows rescission of the precautionary boil water notice if the first sample is bacteriologically acceptable and the second sample meets certain general water quality standards.  However, if the second sample is bacteriologically questionable or unacceptable, then this precautionary boil water notice will be reissued until two consecutive bacteriologically acceptable samples are demonstrated.

Residents can call 941-792-8811 ext. 5268 or 5216, from 7 a.m. to 3:30 p.m. for more information.

Holmes Beach city field third base

New plans emerge for city field

HOLMES BEACH – Though commissioners didn’t approve City Engineer Lynn Burnett’s entire layout for the city field complex, they did combine her plan and theirs to create a layout that could work for everyone.

During an Oct. 9 work session, Burnett provided commissioners with an updated concept plan for the remodel of the city field complex, located adjacent to city hall. In her plan, she moved the baseball field slightly to the southeast, making the field a multiuse area rather than a designated ball field. Where third base and part of the outfield are now, she suggested installing a new concrete skate park, demolishing the old one and using that area to relocate the construction staging area currently taking up part of the parking lot near the basketball courts and dog park.

She recommended moving the city’s shuffleboard courts to the current home plate area, adding a bocce court and horseshoe pits along the first base area and pushing the large dog park north into the current staging area. She also suggested relocating the tot lot park from Marina Drive to next to the existing gazebo on Flotilla Drive and creating a parking and focal point entry area long Marina Drive. Eventually, she said the whole complex could be surrounded by a multi-use track with exercise stations.

Holmes Beach city field skate park
The city’s current skate park is planned to be removed and the area used as a staging area for public works employees and city construction contractors. – Kristin Swain | Sun

Over a two-year period, including the current fiscal year, she projects the project will cost an estimated $300,000 to complete.

While commissioners were in favor of some items, such as relocating the staging area and the tot lot, the two big items, the dog park and the skate park, caused some concern.

Commissioner Judy Titsworth got the ball rolling on a compromise, one that dog park users in attendance at the work session approved of when she suggested using the third base and outfield area for the large dog park, allowing for a large dog run.

Titsworth said the placement would put the dogs further away from residential neighbors and allow the small dog park, which is expected to remain in its current location, to share a fence with the large dog park, allowing users to speak with each other and dogs to chase each other along the fence. She said the main two things for Burnett to consider with the relocation of the dog park is that the park should not be any smaller than its current size and adequate drainage will be needed.

Dog park users in attendance at the work session agreed with Titsworth’s plan. Both Don Anthony and Renee Ferguson said they were “very, very happy” with the new plan for the dog park. Anthony suggested leaving the third baseline dugout in place to provide a shaded spot for dog park users to sit just outside the proposed park area.

Burnett agreed to study the area and measure it to make sure that the improvements planned for the dog park would fit and that adequate drainage could be obtained.

Holmes Beach city field hut
Refinishing the shade structures in the city’s dog park is one of the temporary improvements planned for the current dog parks before city field goes under construction. – Kristin Swain | Sun

After a lengthy discussion, commissioners also asked Burnett to study the feasibility of moving the skate park so that it fronts Marina Drive, where noise from skaters would be near commercial businesses rather than residential homes. They also suggested moving the parking area more toward the east along the city hall side of the park complex and expanding the Flotilla Drive parking area near the dog park and basketball courts. This, they suggested, could better serve park goers and overflow parking from the nearby public boat ramp.

Burnett agreed to come back before commissioners at a future work session with a new plan for city field incorporating their suggestions.

Related coverage

Dog park users concerned with city field improvements

New concept emerges for city field remodel

City Field could get big makeover

Holmes Beach 47th lot clear

Retribution sought for sea grape destruction

HOLMES BEACH – City commissioners are asking police officers and City Attorney Patricia Petruff to work together to find a way to prosecute local builder Shawn Kaleta for the destruction of sea grapes and other vegetation on city property.

The destruction of the sea grapes and sea oats was observed over the summer with Building Official Jim McGuinness putting a stop work order on the 102 47th Street property and adjacent lot until Kaleta came into compliance and received permits from the Florida Department of Environmental Protection.

Kaleta owns two parcels of land at the western end of 47th Street from which he cleared of all vegetation up to the dune line and public beach access on the southern side of the property. He also cleared the vegetation from the city unimproved right of way that would extend Fourth Avenue from 48th to 47th Street that divides his two properties without permission from the city.

The incident is similar to a situation Kaleta found himself in over the summer of 2017 when he removed sea grapes and sea oats from another property he was developing at 102 77th Street. The property remained under a stop work order for more than a month while the builder struggled to receive after the fact permits from the DEP, make an agreement to replace the removed sea grapes and sea oats with the DEP and come into compliance with the city’s building department. Though the sea grapes and sea oats were replanted at the location, it will take years for the plants to return to their previous size.

“This is minimal,” Commissioner Carol Soustek said of the replanting, a plan that will repeat itself at 47th Street. “What they destroyed at 77th Street was natural. What’s there now looks like a model house.”

Commissioner Judy Titsworth agreed, pushing for consideration of some sort of prosecution for the destruction at 47th Street and Fourth Avenue.

“Sea grapes need to be wild, not trimmed and pruned,” she said. “Fourth Avenue looks like a war zone.”

She added that as a licensed contractor, Kaleta should know the local laws and regulations about the removal of sea grapes. At the site of the sea grape removal on 47th Street, there is a sign at the beach access advising of the find for damaging sea grapes.

“We can’t continue to just allow it to happen,” Titsworth said, fearing that the situation would continue to be repeated if no further action is taken by city leaders.

City attorney Patricia Petruff said she would have to investigate to see what action can be taken at this point. She suggested that commissioners also consider potential uses for the Fourth Avenue right of way now that it has been cleared. Prior to Kaleta clearing the property, Petruff said the right of way was impassible due to vegetation.

The stop work order has been lifted on the property and McGuinness said Kaleta has reached an agreement with the DEP to replant the sea grapes on the right of way, the sea oats on the western edge of the property and create a buffer between the dune line and the planned residential development.

“What he’s offering isn’t even a token,” Commissioner Pat Morton said of the plan to replant some of the destroyed vegetation. Morton added that as a “habitual offender of city code” Kaleta should be “put in his place.”

Though several options for prosecution were suggested by commissioners, Petruff said it would take time to determine legally what the city’s prosecution options are and how strong of a case could be brought against Kaleta for the damage. She agreed to work with Mayor Bob Johnson and HBPD officers to determine what the best course of action will be. In the meantime, commissioners reached a consensus to write a letter reporting the incident to the state licensing board so that the issue is on record when Kaleta’s construction license comes up for renewal.

Related coverage

Building official maintains position on dune destruction

Dune destruction sparks concerns

Holmes Beach Spring Lake update

Deciding the future of Spring Lake

HOLMES BEACH – Commissioners aren’t sure about what to do for the future of Spring Lake, and they’re hoping the lake’s residents will step up to help them make a decision.

City Engineer Lynn Burnett presented commissioners with a water quality report and lake assessment for Spring Lake during an Oct. 9 meeting. Burnett said she agreed with the assessment made by Aquatic Systems Lake and Wetland Services to install an aeration system to improve oxygen levels in the polluted lake and monitor the water quality periodically.

Burnett also suggested dredging the lake to remove pollutants on the bottom and adding a connection to a freshwater well to refill the lake as needed. Two things that city commissioners weren’t sure about with the plan are the cost to dredge the lake and whether the currently saltwater lake should be cut off from tidal waters and made into a freshwater lake.

The report listed the lake’s waters as well over the recommended levels for phosphorus, nitrogen and ammonia, with levels significantly higher at the bottom of the lake than at the top. The oxygen level in the lake is listed as critically low and unable to support aquatic life. The lake’s waters also have high levels of chloride, salt, dissolved solids and suspended solids.

Burnett said that pollution in the lake is caused by a number of things including fertilizers and sediment washing in from nearby houses, dumping into the lake and leakage from a nearby waste station, the same one that had a massive leak more than two years ago, dumping around 30,000 gallons of wastewater into the lake.

With the lake being a man-made structure created from a natural freshwater wetland system, Burnett suggested cutting off the saltwater intrusion to the lake, removing pollutants, dredging the bottom, installing an aeration system, and connecting the lake to natural artesian wells to make the lake a freshwater system. She said, if the residents want it, the lake could be stocked with freshwater fish for fishing. The catch for residents is that to keep the lake clean of pollutants, residents surrounding the lake would not be able to fertilize their rear yards because of runoff into the lake system.

“It’s beautiful back there,” she said. “I hope the residents would want to protect and preserve it.”

Commissioners Judy Titsworth and Carol Soustek were both concerned about dredging at the lake. Titsworth said she understands dredging to be expensive and there’s a lack of access to Spring Lake. She also questioned where materials would be dumped after removal from the water. Soustek questioned if it would be possible to remove pollutants over time with aeration and pellets designed to break down the pollutants in the water. Burnett said she’d have to get quotes and speak with experts to be able to come back to commissioners with options for viable solutions.

“We need to find a way to fix it,” Soustek said of the lake.

Lake resident Melissa Williams gave commissioners an impassioned plea during public comment to allow the lake to remain saltwater, as it has been since the 1950s, calling it “a wonderful mistake.”

Titsworth noted the lake would be easier to maintain if it was left as a saltwater lake and questioned if it would be possible to clean the lake then restock it with fish.

Burnett said she would look into the possibility to present commissioners with all of the options. To allow the lake to remain tidal, she said the WaStop valve on the outflow pipe at Grand Canal would have to be removed and the lake’s residents would then be subject to flooding from king tides and sea level rise. While she understands that the lake has been a saltwater lake since it was turned from wetlands without permits in the 1950s, sea level rise makes it a different situation for surrounding residents in the coming decades.

The matter will come back before commissioners on a future work session.

Related coverage

Spring Lake pollution continues to be a problem

hurricane michael relief supplies

Hurricane relief donations

The Manatee County Sheriff’s Office, through Anna Maria City Hall, is collecting items to send to the areas hit by Hurricane Michael last week. The hallway at city hall was already full of items donated by Anna Maria Island Turtle Watch volunteers on Monday. The collection period ends Sunday, Oct. 21. City hall is open from 8 a.m. to 4 p.m. Monday through Friday.

New items being collected include toilet paper, paper towels, shampoo, conditioner, hair brushes/combs, hair ties, deodorant, toothbrushes, toothpaste, Chapstick, soap/body wash, body lotion, first-aid kits and items, razors, shaving cream, feminine products, sanitary wipes/gel, sunscreen, insect repellant, laundry soap, cleaning supplies, towels, sheets, blankets, sleeping bags, flip flops, water shoes, work gloves, shovels, rakes, saws, empty gas cans, flashlights, batteries, tarps, ropes, box fans, extension cords, paper plates, plastic silverware and cups, mops and brooms and Ziploc bags and trash bags, pet food and supplies and baby products such as diapers, formula and bottles, wipes, baby food (no glass, please) baby wash and shampoo. Donate canned food only.

Cash is not accepted; money can be donated to the Red Cross.

Holmes Beach police also involved

The Holmes Beach Police Department is partnering with Manatee County Search and Rescue to be a drop off location for hurricane relief goods to be transported to the Panhandle. Items may be delivered to the police station, 5801 Marina Drive, from 8 a.m. to 4 p.m. Monday through Friday until Oct. 21.

You can also drop them off at the following Beef O’Brady’s locations:

8913 US-301 N Parrish

1795 Lakewood Ranch Blvd. Bradenton

4286 53rd Ave E (corner of Lockwood Ridge Road and SR 70)

Items requested include duct tape, tarps, cleaning supplies, toys for little children, clothes such as T-shirts, socks, underwear and shoes, plus other nonperishable items like diapers, personal hygiene and feminine products.

There also is a desperate need for pants and boots for the first responders. Any help would be appreciated.

Related coverage

Police taking donations for hurricane victims

Hurricane relief drive taking place in Cortez

Holmes Beach mayor Joshua Linney

Postcard causes issue for mayoral candidate

Holmes Beach mayoral candidate Josh Linney is again coming under fire, this time for offering an hour of free technical support on his election postcard mailing.

Offering anything of monetary value in election mailings, including services, is a violation of Florida law because it implies that candidates are paying for votes.

The catch with Linney’s mailing is that, according to his company site, Digital Verb, he doesn’t charge for an hour of technical support, only labor, which is listed at $50 per hour.

According to Sharon Stief, chief deputy at the Manatee County Supervisor of Elections office, the statement on the postcard is in violation of Florida Statute 104.061 which states: “No person shall directly or indirectly give or promise anything of value to another intending thereby to buy that person’s or another’s vote.”

Linney argues that while he’s aware of the law, the statute doesn’t apply to him because the offered service has no monetary value.

“I think it’s important that it be known, the postcard doesn’t change the price or make it free, it’s always free. There isn’t any cash value, never has been because I don’t charge people,” Linney told The Sun.

Linney said that rather than offering a service to voters for their support of his campaign, he hopes that the offer on his campaign postcards will be taken as an opportunity for him to interact with the public. He said in exchange for answering residents’ questions he wants residents to tell him how, if elected, he could work to make Holmes Beach better.

“I just want to engage with the community,” he said. “I’ll do whatever they need. I’ll clean their house if they want me to.”

In an emailed statement, Linney wrote, “I don’t think it’s fair to ask hardworking residents, citizens and merchants to take time out of their day if I’m not willing to do the same. If someone has a problem and they think I have the solution, I’m willing to take the time to go meet with them personally to see if I can help them. If any in the city of Holmes Beach has anything they want me to hear about anything or wants to ask me any question any time, I’ll go to them personally to hear it. That’s the way it should be.”

The statement on his campaign postcard causes an issue because generally, technical support does come at a cost, particularly in-home assistance. Without a complaint to the state elections board that would have to be investigated, the issue won’t move forward or pose a threat to remove Linney from candidacy in Holmes Beach.

Linney said that right now he has no plans to re-release the postcard mailing without the offer, however, he said he will if necessary.

No complaints have yet been filed with the Florida Elections Commission concerning Linney’s election postcard.

Absentee voting already is underway in Holmes Beach. Early voting begins Oct. 24 in Manatee County. Election day is Tuesday, Nov. 6.

Michael brushes past Anna Maria Island

Hurricane Michael made landfall at Panama City around 2 p.m. as a category 4 storm with 155 mph winds, and has since dropped to 140 mph winds, moving north/northeast at 15 mph, according to NOAA.

Anna Maria Island saw few effects today, with localized flooding, intermittent rain showers and high surf, which brought out surfers and pushed the Gulf of Mexico high onto the beaches at high tide around 2 p.m.

Local tropical storm and storm surge watches have been lifted, but high surf and rip current advisories remain.

NOAA forecasts south/southwesterly winds subsiding Thursday to 20-25 mph, gusting as high as 36 mph, with a 60 percent chance of scattered showers and thunderstorms and a high around 89 degrees.

A sea turtle nest falls victim to washover in the aftermath of Hurricane Michael passing Anna Maria Island Wednesday. - Kristin Swain | Sun

A sea turtle nest falls victim to washover in the aftermath of Hurricane Michael passing Anna Maria Island Wednesday. - Kristin Swain | Sun

Water crept high on this dock in Holmes Beach as high tide approached this afternoon. - Cindy Lane | Sun

Water crept high on this dock in Holmes Beach as high tide approached this afternoon. - Cindy Lane | Sun

The sidewalk beside Holmes Beach City Field flooded from rainwater associated with Hurricane Michael this morning. - Cindy Lane | Sun

The sidewalk beside Holmes Beach City Field flooded from rainwater associated with Hurricane Michael this morning. - Cindy Lane | Sun

Surfers took advantage of waves during Hurricane Michael at Twin Piers in Bradenton Beach on Wednesday. - Joe Hendricks | Sun

Surfers took advantage of waves during Hurricane Michael at Twin Piers in Bradenton Beach on Wednesday. - Joe Hendricks | Sun

The Rod & Reel Pier in Anna Maria closed today. - Joe Hendricks | Sun

The Rod & Reel Pier in Anna Maria closed today. - Joe Hendricks | Sun

The Rod & Reel Pier in Anna Maria closed today. - Joe Hendricks | Sun

The Rod & Reel Pier in Anna Maria closed today. - Joe Hendricks | Sun

The boats in the Bradenton Beach anchorage fared well today as Hurricane Michael passed by. - Joe Hendricks | Sun

The boats in the Bradenton Beach anchorage fared well today as Hurricane Michael passed by. - Joe Hendricks | Sun

The water was high near the Bridge Street Pier Wednesday, but the boats in the anchorage are faring well. - Joe Hendricks | Sun

The water was high near the Bridge Street Pier Wednesday, but the boats in the anchorage are faring well. - Joe Hendricks | Sun

Wading birds in Holmes Beach got new feeding grounds from Hurricane Michael today. - Cindy Lane | Sun

Wading birds in Holmes Beach got new feeding grounds from Hurricane Michael today. - Cindy Lane | Sun

This morning, Anna Maria Island showed evidence of extremely high tides overnight. - Cindy Lane | Sun

This morning, Anna Maria Island showed evidence of extremely high tides overnight. - Cindy Lane | Sun

A child chases retreating waves Wednesday on Manatee Public Beach as Hurricane Michael passes offshore. - Kristin Swain | Sun

A child chases retreating waves Wednesday on Manatee Public Beach as Hurricane Michael passes offshore. - Kristin Swain | Sun

Water slid up a driveway this morning in Holmes Beach. - Cindy Lane | Sun

Water slid up a driveway this morning in Holmes Beach. - Cindy Lane | Sun

Waves and sea foam reached far up the shoreline Wednesday at Manatee Public Beach. The foam appeared to contain red tide. - Kristin Swain | Sun

Waves and sea foam reached far up the shoreline Wednesday at Manatee Public Beach. The foam appeared to contain red tide. - Kristin Swain | Sun

As the clouds blew away from Holmes Beach, the surf rose along the shoreline this afternoon before high tide. - Kristin Swain | Sun

As the clouds blew away from Holmes Beach, the surf rose along the shoreline this afternoon before high tide. - Kristin Swain | Sun

A line in the sand in Holmes Beach shows that the Gulf waters rose well up the beach as Hurricane Michael passed the Island Wednesday. - Kristin Swain | Sun

A line in the sand in Holmes Beach shows that the Gulf waters rose well up the beach as Hurricane Michael passed the Island Wednesday. - Kristin Swain | Sun

A family waded in the Gulf as Hurricane Michael approached. - Chantelle Lewin | Sun

A family waded in the Gulf as Hurricane Michael approached. - Chantelle Lewin | Sun

[embedyt] https://www.youtube.com/watch?v=TZ7WBXp0wjU[/embedyt]

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home renovation front

Homeowners opt for retro renovation

HOLMES BEACH – In a time when many homeowners are rebuilding or giving a modern renovation to their homes, one family is turning back the clock on their Island home all the way to 1963.

Sean and Mary Anne Muniz purchased their Island home on 73rd Street in Holmes Beach in January 2018, a place they’ve dubbed Beach Haven. When they purchased the home, it featured a more modern kitchen, tile floors and a few hints as to its mid-century original grandeur.

Rather than tearing down the home and rebuilding or renovating to provide more modern amenities, the Muniz family decided to go another route. They’re remodeling the home and restoring it back to the year it was built, 1963, with the mother/daughter team of Mary Anne and Gillian Muniz leading the charge.

All of the furniture in the home is authentic to the 1960’s, including these reproduction chairs and the vases adorning the wall. – Kristin Swain | Sun

Mary Anne and Gillian are choosing everything for the house from paint colors, to specially made period-specific tiles for the kitchen, furniture and accessories to reflect the original period of the home. Only a few concessions have been made to provide modern conveniences including putting a new roof on the home, internet and cable services, placing a television on a 1960’s reproduction room divider, and replacing the kitchen appliances with modern antique reproductions. One of the more amusing aspects of the renovation, Mary Anne said, is watching her children, Robbie and Gillian, react to some of the antique pieces, such as a rotary phone.

“I wish I would’ve recorded that because it was pretty funny,” she recalled of the incident, explaining to her children how the phone works.

Currently, work is underway to remove the ceramic tile from the home, uncovering and refinishing the original terrazzo flooring. Once the flooring is complete, kitchen renovations will begin.

home reno calendar
A wall calendar from 1963 is just one of the many unique and period-specific touches in the Muniz home. – Mary Anne Muniz | Submitted

All of the lighting, accessories and decorative touches for the home have been carefully tracked down and lovingly selected by Mary Anne and Gillian from vintage shops and authentic reproduction companies.

While most of the furniture in the home is reproduction pieces, great care and a lot of research was done by the two women to make sure that it’s authentic to the time period before it earned its place in the home. Much of the furniture they’ve selected is made by Heywood Wakefield, a company specializing in mid-century modern furniture that has been in business since 1897.

Upon entering the home, the first thing that visitors will notice is the vintage cinderblock wall shading the porch with cutouts to allow a breeze through. The porch is decorated with a vintage reproduction seat grouping. Entering through the front door, there is a dining room with a vintage 1963 wall calendar decorating one wall and the kitchen waiting to be restored on one side. On the other are the living area with three bedrooms and two bathrooms off to the side.

home reno vases
Four square style glass vases from the 1960’s adorn a wall in the home’s living area. – Kristin Swain | Sun

Gillian, however, makes her home in the attached pool house area featuring its own bathroom and separate entrance. From the living area, large windows and sliding glass doors give a lovely view of the outdoor patio area and fully restored pool.

Restoration work isn’t the only retro thing the family is planning to do with the property. While the Muniz’s plan to one day make the Island their full-time home, once renovations are complete they plan to periodically rent the home through Anna Maria Vacations to help make their dream a reality, a practice common prior to the economic hardships suffered in the mid-2000s. The family currently makes their full-time home in Minnesota.

You can follow the home’s journey back to 1963 on their Beach Haven social media page.