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Planning commissioners consider commercial rezone

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

HOLMES BEACH – What started out as a potentially simple commercial rezoning request for an office building currently owned and occupied by Mike Norman Realty was a hard sell for some planning commissioners.

Tasked with determining whether or not a request to change the commercial zoning of the property is consistent with the city’s comprehensive plan, planning commissioners found themselves divided on the issue. Currently, the 1,200 square-foot building is zoned C-1, which allows only for offices in the space.

The owners at Mike Norman Realty requested a rezone to C-2, which would allow a retail establishment or small café to open up shop in the space. City planner Bill Brisson said the size of the business and any increases in size to the existing structure would be severely hampered by lot coverage requirements and the small amount of on-site parking available. Some planning commissioners worried about allowing an increase in intensity of use in the space because it’s bordered partly by conservation lands included in Grassy Point Preserve.

Planning Commissioner Jayne Christenson said she feels the property is more consistent with being claimed as conservation land and a part of the preserve, not as a continuation of the commercial space on two sides of the property.

Planning Commissioner Scott Boyd, a former city planner, argued that from a pure planning perspective, the real estate office property appears to be a case of spot zoning and should be allowed to expand its commercial business options for future use.

“There’s no need to change it until they tell us why they want to do it,” Christenson said.

Planner Darenda Marvin, speaking on behalf of the property owners, said that the request for a rezone is to allow for different future uses of the property if it was determined at some point that the realty company didn’t need to maintain a physical office or future generations of the family want to use the property for another purpose. She said currently there is no plan to close the realty office.

“I think this is a terrible idea,” Planning Commissioner Barbara Hines said. “If it was consistent, we wouldn’t feel uncomfortable. If this motion passes I feel it would be a shameful day for Holmes Beach and this commission.”

“We all worry about what may happen in the future,” Chair Charles Stealey said. “Everyone has rights.”

The matter moves back before city commissioners for a final public hearing and vote Nov. 13.

Holmes Beach election group

Holmes Beach has a new mayor

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

HOLMES BEACH – Election Day is coming to a close and a new mayor and new commissioners will take the dais at the city’s organizational meeting Nov. 19.

Holmes Beach mayoral candidates
Holmes Beach mayoral candidate Judy Titsworth answers a question while fellow candidate Joshua Linney looks on during The Sun’s candidate forum held at city hall. – Gail Swain | Sun

Former commissioner and newly-elected Mayor Judy Titsworth took home 79.3 percent of the vote with political newcomer Joshua Linney bringing in 20.7 percent. Though he’s never served on the dais, Linney was previously a member of the city’s parks and beautification committee.

In the commission race, Commissioner Pat Morton was re-elected, bringing in 36 percent of the votes. Morton was first elected to the commission in 2003. This will be his eighth term.

Holmes Beach election Kim
Holmes Beach commission candidate Kim Rash greets voters outside of Gloria Dei Lutheran Church along with his daughter Melissa Rash and granddog Bella. – Kristin Swain | Sun

The new commissioner on the dais will be Kim Rash who ended election night with 36 percent of the vote. Though Rash is no stranger to local politics, this will be his first term as commissioner.

Landing in the third spot is political newcomer and local real estate agent Don Purvis, who ended the night with 28 percent of the vote, just shutting him out of claiming one of the two available commission seats.

In the race for one of five positions on the newly-formed charter review board, eight candidates threw their hats in the ring – Jay Calhoun, Claudia Carlson, Nancy Deal, Major Leckie, Sean Murphy, Johnny Rigney, Edward Upshaw and David Zaccagnino. The five who will be reviewing the city’s charter and determining what issues to place in front of voters in November 2019 as charter amendments are Claudia Carlson, Nancy Deal, Sean Murphy, Edward Upshaw and David Zaccagnino, the five candidates who brought in the majority of resident votes.

According to the Manatee County Supervisor of Elections Office, there are 2,810 registered voters across two precincts in Holmes Beach. Out of that number, 1003 voted either in person or by mail, representing 35.7 percent of eligible voters.

artsHOP 2018 artist

Rain doesn’t stop artsHOP

Written by Tom Vaught on . Posted in Art, Entertainment, Events, Festivals.

BRADENTON BEACH – The artsHOP celebration got off to an inauspicious start when rain started to fall a few hours before it began on Bridge Street last Friday.

Shop owners were ready for the art lovers, but would they brave the rain to come out?

As the sun set, the rain let up and everyone breathed a sigh of relief.

“This is great, despite the rain,” said Gaydon Shell, owner of The Cove. “We got a great online presence going, and it’s a great opportunity for artists and outlets to get exposure.”

Down Bridge Street, at the Bridge Tender Inn, organizers Diane Phinney and Debra Wing had wooden skimmers and gift baskets on display, out of the dwindling rain.

“This is all coming together, and I see more people walking around,” said Phinney.

The theme of this year’s artsHOP is “Follow the Flock” in honor of skimmers, birds that nest on Anna Maria Island’s beaches. Artists will be selling paintings of the birds with proceeds going to Anna Maria Island Turtle Watch and Shorebird Monitoring.

Artists decorated the dozens of birds to sell with proceeds going to Anna Maria Island Turtle Watch and Shorebird Monitoring.

As the sidewalks got busier, Wing praised the people who were there.

artsHOP 2018 demonstration
Artist Polly Tetrault applies color with a small blow torch at the Studio at Gulf and Pine. – Tom Vaught | Sun

“The rain didn’t stop them, and we’re off to a slow, but growing start,” she said. “We want to promote all the artists who feature the beauty of the Island and make it a wonderful place to live or visit.”

The next day, visitors to Pine Avenue in Anna Maria enjoyed better weather. The Anna Maria Island Historical Museum treated visitors to live music and opportunities to purchase raffle tickets for lavish gift baskets.

At the Studio at Gulf and Pine artists conducted demonstrations, and there was food and music by Jenna Smith. Music for the three-day event is sponsored by The Ugly Grouper.

On Friday, Nov. 9, the 12th Annual artsHOP concludes in Holmes Beach from 5:30 to 8 p.m. Shops and galleries throughout Holmes Beach and Waterline Marina Resort will feature local art demonstrations, live music and more. Basket raffle prize drawings will be held at the Ugly Grouper starting at 8 p.m.

artsHOP is sponsored by Cultural Connections to highlight Anna Maria Island’s arts and culture. Admission to artsHOP is free.

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It’s a Bert Harris win for Holmes Beach

Written by SUN contributor on . Posted in Community News, 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

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

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

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

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

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

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

Written by Tom Vaught on . Posted in Business, Restaurants | Bars.

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

Written by Tom Vaught on . Posted in Community News, Holmes Beach.

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

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

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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boil order 24 st to east bay-page-001

Boil order takes effect Wednesday

Written by Sun staff on . Posted in Bradenton Beach, Community News, Holmes Beach.

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

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

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

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

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

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

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.

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hurricane michael relief supplies

Hurricane relief donations

Written by Tom Vaught on . Posted in Anna Maria Island, Community News.

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.

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