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Year in Review: Cortez

Year in Review: Cortez

Written by Leslie Lake on . Posted in Community News, Cortez, Special Sections, Year in Review.

CORTEZ COMMERCIAL FISHING FESTIVAL CELEBRATES VILLAGE

The 41st Annual Cortez Commercial Fishing Festival took place on Feb. 18-19 in the historic fishing village. The festival, which celebrated 100 years of Star Fish Company, was organized by a volunteer committee from the non-profit Florida Institute for Saltwater Heritage (FISH). “The money raised at the festival will support the continued restoration of the FISH Preserve,” FISH board member Jane von Hahmann said. The preserve covers over 98 acres of environmentally sensitive land immediately east of the village. It is the last stretch of undeveloped waterfront property left on North Sarasota Bay.

CANAL DISPUTES

In 2023, Hunters Point developer Marshall Gobuty, his Cortez Road Investments and Finance ownership group, and his legal team prevailed in two rulings pertaining to multiple canal-related disputes that remain ongoing. In March, Administrative Law Judge Bruce Culpepper recommended the Southwest Florida Water Management District’s governing board issue a final order granting the developer’s application to construct 49 boat slips/docks in the privately-owned Hunters Point canal. In May, the governing board issued that order. The owners of the nearby Cortez Village Marina are appealing the final order as part of their ongoing opposition to the Hunters Point docks. In late October, as part of another canal-related dispute, 12th Judicial Circuit Court Judge Edward Nicholas denied motions seeking to dissolve the lis pendens claims Cortez Road Investments filed against canal-side property owners Wendy and George Kokolis and Jonathan and Sheila Graham. A lis pendens claim notifies potential buyers of a lawsuit involving the property and can impact the ability to sell a property, obtain financing or obtain title insurance.

Year in Review: Cortez
The FISH Preserve in Cortez, which opened on Nov. 3, provides a natural buffer between the Cortez commercial fishing village and development to the east. – Submitted

FISH PRESERVE DAMAGED BY FIRE

Despite a May 10 fire that the Manatee County Sheriff’s Office said was intentionally set at the 98-acre Florida Institute for Saltwater Heritage (FISH) Preserve, work continued on the final phase of a restoration project. The fire had minimal impact on the restoration efforts.

SEAFOOD SHACK/ANNIE’S BAIT AND TACKLE FOR SALE

Annie’s Bait and Tackle is part of a parcel including the Seafood Shack that went up for sale in May with a starting price of $15 million. Annie’s, which has been in operation since the 1950s, has been owned by Bruce Shearer and Kim Shepherd for more than 20 years. The Seafood Shack went under contract for sale in August, but the listing agent remained tight-lipped about the potential buyer. Realtor Dave Neff said, “The property has not sold yet, but it is under contract. I am not able to disclose who the buyer is. Much of the speculation on the internet centers around the potential buyers as the current owners of a waterfront restaurant in Venice. There are rumors going around about who the buyer is, but those rumors are premature in nature and inaccurate,” Neff said.

ANNA MARIA ISLAND PRINCESS FOR SALE

The Anna Maria Island Princess paddleboat went up for sale in 2023. Listed at $499,999 on the Boat Trader website, the 99-foot paddleboat has caught the attention of potential buyers. “It hasn’t sold yet but we’ve had a lot of interest,” said Mia Still, Bradenton Beach Marina executive assistant for tours and operations on Sept. 26. The boat is owned by Bradenton Beach Marina, which was purchased in January by local developer Shawn Kaleta.

HURRICANE IDALIA CAUSES SHORT-LIVED DAMAGE

As residents and businesses cleaned up following the Aug. 30 storm surge from Hurricane Idalia, which flooded local roads, the recurring consensus was, “We got lucky.” “There was no boat damage (to the fleet of fishing boats). We lost a few boards on the dock,” A.P. Bell Fish Company owner Karen Bell said. “We were very lucky.” On Wednesday morning, roads in Cortez were underwater. By that evening the waters receded and roads were passable. In advance of the storm, local fish houses secured their fleets of fishing boats. Tide Tables was flooded from the storm surge but cleaned and dried by the following day.

CORTEZ ROAD CONSTRUCTION STUDY BEGINS

In August, the Florida Department of Transportation (FDOT) launched a Cortez Road corridor study that extended from 121st Street Court West in Cortez to U.S. 301 in Bradenton/West Samoset. The corridor study project is a partnership between FDOT, Manatee County and the Sarasota-Manatee Metropolitan Planning Organization, with the Renaissance Planning consulting firm tasked with gathering input from the public and other stakeholders. The primary goals were to identify ways to make the Cortez Road corridor safer for pedestrians, bicyclists, motorists and others and to address the relationship between the roadway and future growth along the corridor. More than 8,500 new homes and residential units are expected to be constructed near Cortez and Anna Maria Island in the coming years. In April/May, the Woodruff and Sons construction company began clearing trees and other landscaping along the north side of Cortez Road as part of a Manatee County sewer line project. The utilities easement agreement the county entered into with property owner Whiting Preston stipulates the new sewer line must provide the capacity to handle the sewage produced by the 2,000 residential units planned as part of Preston’s Peninsula Bay development.

CORTEZIAN GROWS RECORD-SETTING PUMPKIN

What started out as a casual pastime for Cortez resident Tim Caniff turned into a statewide record-sized pumpkin. At 1,039 pounds, the pumpkin, grown in Caniff’s backyard, blew the previous state record out of the water by more than 400 pounds. “This started off as a fun beer-drinking hobby,” Caniff said.

CORTEZ STONE CRAB FESTIVAL CELEBRATED

The kickoff to the stone crab harvest season was celebrated on Nov. 11-12 at the 11th Annual Cortez Stone Crab and Music Festival. The festival typically draws more than 5,000 attendees and more than 2,000 pounds of stone crab is consumed. “The festival celebrates the heritage of Cortez and the kickoff to stone crab season,” Adam Sears, Swordfish Grill General Manager said. This year’s theme was “Crack a Cold One,” since stone crab is served cracked and cold.

FISH PRESERVE RIBBON-CUTTING HELD

In the culmination of more than two decades of planning and hard work, a ribbon-cutting ceremony was held at the FISH (Florida Institute for Saltwater Heritage) Preserve on Nov. 3.

At nearly 100 acres, the preserve is on the south side of Cortez Road, an oasis of natural beauty among multiple construction projects nearby. The preservation and non-development of the preserve land, adjacent to the Cortez fishing village and bordering the waters of Sarasota Bay, was precisely the goal of FISH members in 2000 when they began fundraising to purchase the property. The invitation-only ribbon cutting featured speakers Dr. Dave Tomasko, Director of the Sarasota Bay Estuary Program; Dr. Jay Leverone, staff scientist with SBEP; FISH Treasurer Jane von Hahmann; EPA Region 4 Regional Administrator Jeaneanne Gettle and Manatee County Commissioner and SBEP policy board member Kevin Van Ostenbridge.

PASSINGS

On Feb. 22, former Swordfish Grill Manager Greg “Grego” Koeper passed away from melanoma at 67.

 – Sun Correspondent Joe Hendricks contributed to this story

Hunters Point prevails in dock permit challenge

Hunters Point prevails in dock permit challenge

Written by Joe Hendricks on . Posted in Community News, Cortez.

CORTEZ – Administrative Law Judge Bruce Culpepper issued a recommended order supporting the Southwest Florida Water Management District’s issuance of a permit for the construction of 49 canal-side dock slips at the Hunters Point Marina & Resort in Cortez.

“Based on the foregoing findings of fact and conclusions of law, it is recommended that the Southwest Florida Water Management District enter a final order granting Cortez Road Investment’s application for the permit to build a dock in the canal and issue ERP (environmental resource permit) Individual Construction Major Modification Permit 43032468.003,” Culpepper stated in the written recommended order he issued on March 7.

Hunters Point prevails in dock permit challenge
Administrative Law Judge Bruce Culpepper presided over the permit challenge hearing. – Submitted

Culpepper’s recommended order will be sent to the water district’s governing board for a final ruling. If the board’s final ruling supports Culpepper’s recommended order, the Hunters Points docks can be built in the man-made, privately-owned canal that surrounds the Hunters Point property on three sides.

Hunters Point prevails in dock permit challenge
This rendering illustrates the proposed Hunters Point dock locations along the canal. – Hunters Point | Submitted

Culpepper’s recommended order is based on the multi-day administrative hearing he conducted on behalf of the Florida Division of Administrative Hearings (DOAH) over the span of eight days in June, August and September.

In June 2021, the water management district issued Hunters Point developer Marshall Gobuty and his Cortez Road Investments and Finance Inc. ownership group the environmental resource permit/individual construction major modification permit needed to construct the docks. The permit authorizes Cortez Road Investments to install approximately 4,352 square feet of new piling-supported dock structures and to replace approximately 3,631 square feet of existing piling-supported dock structures.

Hunters Point prevails in dock permit challenge
The Cortez Village Marina is located eastward and upland from the Hunters Point property. – Joe Hendricks | Sun

Cortez Village Marina is located eastward and upland of the Hunters Point property. In July 2021, the Cortez Village Marina’s MHC Cortez Village LLC ownership group filed a petition challenging the issuance of that permit.

MHC Cortez Village asserted the proposed docks would adversely impact safe navigation and increase and impair vessel traffic through the canal by narrowing the canal’s navigable width.

During the hearing, MHC Cortez Village presented the testimony of marina manager Skip McPadden, Capt. Christopher Karentz and others. Cortez Road Investments presented testimony by Gobuty, land title expert Adron H. Walker, Captain Dane Fleming and others. The water management district’s witnesses included Lauren Greenawalt, who serves as a lead environmental scientist for the district.

The canal

According to Manatee County Property Appraiser records and testimony provided by Walker and Gobuty, Cortez Road Investments owns the portion of the canal that extends eastward from the humpback bridge at 127th Street West to the western boundary of the Cortez Village Marina property. Cortez Road Investments does not own the portion of the canal located directly in front of the marina basin or the remaining portion of the canal east of the marina.

Culpepper’s order notes the marina has existed in its current configuration since at least 2008 and a marina facility has operated at that location since at least the 1970s. According to McPadden’s testimony, the marina provides approximately 365 boat storage slips that include ‘high-and-dry’ slips, outside dry storage and in-water slips. McPadden testified the marina’s average boat size is 26 feet long and the largest boat stored there is 38 feet long and 11 feet wide.

The order notes the canal provides the marina and its clients with their only direct water access to the nearby Intracoastal Waterway.

“Consequently, to reach Tampa Bay or the Gulf of Mexico by boat, marina customers must travel down the canal past Hunters Point,” the order notes.

The order notes there are approximately 18 single-family homes located alongside the canal and many of those homes have existing docks and boatlifts – most of which predate Gobuty’s purchase of the Hunters Point property and canal in 2016.

In his order, Culpepper states: “Mr. Gobuty conveyed Cortez Road (Investments) never authorized any homeowners along the canal to access or use the waterway it owns. Neither has Cortez Road (Investments) given the marina or its customers specific permission to traverse the canal. Mr. Gobuty urged that Cortez Road (Investments) does not necessarily object to boaters using the canal to access Anna Maria Sound. However, Cortez Road (Investments) does intend to take steps to ensure that its property interests and rights to the canal are protected, as well as ensure the safe use of the canal. Towards this end, Cortez Road has and may continue to pursue legal action to ensure that the private homeowners across from Hunters Point comply with Manatee County codes in the configuration and placement of their docks in the canal.”

Testimony given

The order notes Cortez Road Investments has already implemented several navigational aids to enhance the safe use of the canal. One-way travel along the canal at timed intervals is encouraged to help prevent boats from passing side by side in the canal’s narrowest areas. Mirrors were installed at the 90-degree corners to increase boater visibility. “No wake” signs require boaters to travel at minimum speed and canal users are encouraged to monitor VHF radio channel 9 regarding inbound and outbound canal traffic.

Hunters Point prevails in dock permit challenge
Safety pilings and new signs were recently installed in the canal near the Cortez Village Marina. – Hunters Point | Submitted

Regarding testimony he received, Culpepper’s order says, “Ms. Greenawalt best framed the analysis by acknowledging that the dock, and any boats moored thereto, will undeniably affect navigation through the canal to some extent. The evidence clearly shows that boaters will have to be mindful of a reduced navigable width when traveling alongside Hunters Point, particularly when crossing the three ‘pinch points’ on the north-south channel. However, Capt. Fleming convincingly explained that after the dock is built, the canal will still contain sufficient space for boaters to safely travel between the bridge and the marina.

Hunters Point prevails in dock permit challenge
Several of the 86 Hunters Point homes have already been built and some area awaiting new docks. – Joe Hendricks | Sun

“All witnesses agree that following construction of the dock, boats will still be able to freely travel through the canal one at a time. The proposed dock will not interfere with or prevent a single boater from traversing from the bridge to an upland property.
“The evidence shows that the dock will not reduce the safe navigational width of the waterway any more than the bridge at the entrance to the canal, which is 15 feet wide, or the narrow bottleneck just before the marina where mangrove growth restricts safe movement to one boat at a time,” Culpepper noted in his order.

“It is uncontroverted that the placement of the dock in the canal will affect navigation to some degree. However, the evidence was insufficient to conclude that the dock will constitute an environmental hazard to public health, safety, welfare or property. Similarly, the evidence and testimony do not show that the construction of the dock will cause more than a mere inconvenience to boaters similar to what they already face at the bridge, much less result in a significant impediment to navigation,” the order states.

“Based on the evidence and testimony presented at the final hearing, the undersigned finds that Cortez Road (Investments) and the district presented competent substantial evidence establishing Cortez Road’s entitlement to the permit. Conversely, the marina did not meet its burden of demonstrating that the district should not issue the permit,” Culpepper stated in his order.

Dispute leads to tolls, traffic lights for canal boaters

Dispute leads to tolls, traffic lights for canal boaters

Written by Joe Hendricks on . Posted in Community News, Cortez, Featured.

CORTEZ – Boaters can expect one-way navigational patterns in the privately-owned Hunters Point canal, with some having to pay automated tolls to use it.

Canal access will remain free for canal-side homeowners, Buttonwood Inlet and Holiday Cove RV resort guests and others, but those who store their boats at the Cortez Village Marina will soon be asked to pay a fee to use the canal that provides marina boaters with their only direct water access to the nearby Intracoastal Waterway.

These revelations were made by Hunters Point developer Marshall Gobuty during the rebuttal testimony he gave on Sept. 2 during a multi-day administrative hearing that began in June, continued in August and resumed on Sept. 1. The hearing is expected to conclude on Tuesday, Sept. 13.

Administrative law Judge Bruce Culpepper is being asked to issue a recommended order as to whether the environmental resource permit the Southwest Florida Water Management District (SWFWMD) issued in 2021 to Gobuty and his Cortez Road Investments & Finance Inc. ownership group was properly issued. The permit allows for the construction of 49 canal-side docks as part of the 86-home Hunters Point community being constructed along Cortez Road West east of the Cortez Bridge.

The construction of the docks is on hold until the permit dispute is resolved.

The MHC Cortez Village LLC group that owns the nearby Cortez Village Marina challenged the SWFWMD permit and claimed the addition of the Hunters Point docks would impede the safe navigability of the canal for their customers – some of whom own boats up to 38 feet long – and thus negatively impact the marina’s profitability.

When the hearing concludes, Culpepper will submit his recommended order to the water district’s governing board and that board will then issue a final order as to whether the SWFWMD permit was properly issued.

When Gobuty purchased the Hunters Point property from the Cipriani family in 2016, he also purchased the majority of the man-made canal created by the Cipriani family in the late 1950s.

The Cortez Road Investments-owned portion of the canal extends from the western boundary of the Cortez Village Marina property to the humpback bridge on 127th Street West.

While testifying on Friday, Gobuty said Cortez Road Investments obtained a controlling interest in the Cipriani family-owned portion of the canal located directly in front of the marina after MHC Cortez Village unsuccessfully tried to purchase that portion of the canal earlier in the week. The remaining portion of the canal that extends to the east is owned by the Holiday Cove RV resort.

 One-way navigation

In response to claims that the canal is dangerous, Gobuty said, “Let’s go super safe and not let the word ‘dangerous’ haunt us.”

He then elaborated on the one-way navigation concept to soon be implemented. He said traffic signals featuring red and green lights will be installed at three or more locations along the canal and will be used to control the direction in which boat traffic flows.

“They see red, they hold. They see green, they proceed,” he said, adding that similar technology is used in the Netherlands.

Gobuty said the one-way navigation would likely operate at 15-minute intervals. 30-minute intervals were also previously mentioned.

Gobuty said the managers of the nearby Buttonwood Inlet and Holiday Cove RV resorts have already been notified of the pending one-way traffic scenario and those managers said their guests would comply with the additional safety measures.

Canal tolls

Gobuty said he and his team are also working with the Florida Department of Environmental Protection on the installation of an overhead Automatic Vehicle Identification (AVI) toll system similar to those used on toll roads. The AVI system will be used to automatically charge Cortez Village Marina boaters for their use of the canal. Gobuty said he hopes to have the automated system in place by January.

Until then, the tolls will be collected manually using those boaters’ debit or credit cards. Gobuty said the manual toll collections and one-way navigation enforcement will begin with two pontoon barges stationed in the canal with a 14-foot space between them. Passing boaters will be asked to provide some basic information before being issued registration decals that contain bar codes that will eventually be used to levy automated tolls on the Cortez Village Marina boaters.

Gobuty said the toll might be $10-$20 per one-way trip and 100% of the toll proceeds collected manually and automatically will be donated to a local charity or charities on an ongoing basis.

Additional safety measures

During Friday’s testimony, Gobuty was asked by his attorney, Susan Martin, what steps are being taken to make the canal safer for navigation.

Gobuty noted Cortez Village Marina General Manager Skip McPadden testified several times that the canal is dangerous and would become more so with the addition of the Hunters Point docks.

During the previous testimony they gave on behalf of the marina, McPadden and boat Capt. Chris Karentz both claimed the canal is already too narrow in some places for two vessels traveling in different directions to pass side by side. McPadden and Karentz said the Hunters Point docks would further impede navigation.

During the rebuttal testimony he provided Thursday on behalf of Cortez Road Investments, boat Capt. Dane Fleming testified that the construction of the Hunters Point docks would not significantly impede canal navigation even though some portions of the canal may be too narrow for two boats to pass side by side. Fleming said in those instances, one boat needs to pull over in a wider portion of the canal and allow the other boat to pass. He also testified that the implementation of a one-way navigation system would alleviate the need for two vessels to pass side by side in the canal.

On Friday, Gobuty said he recently received a letter from the U.S. Coast Guard Station Cortez that stated the Coast Guard is not aware of a boating accident ever being reported on the canal.

Addressing visibility concerns expressed by McPadden and Karentz, Gobuty said the Hunters Point mangrove shoreline has already been trimmed by 25% according to state regulations and will be trimmed another 25% after one year has passed.

Gobuty said additional “no wake” signs have been placed in the canal and navigational mirrors were previously installed at some of the canal’s blind spots. He said boaters are also being asked to use VHF marine radio channel 9 to communicate with other boaters when approaching a blind spot or narrow portion of the canal.

Hunters Point files complaint against Cortez Village Marina

Hunters Point files complaint against Cortez Village Marina

Written by Joe Hendricks on . Posted in Community News, Cortez.

CORTEZ – The Cortez Village Marina ownership group is named in a new complaint that alleges the marina is being operated without a state-issued environmental resource permit or is being operated in violation of that permit.

Representing developer Marshall Gobuty’s Hunters Point Resort & Marina ownership group, Cortez Road Investments & Finance Inc. (CRIF), attorney Susan Martin filed the complaint with the Florida Department of Environmental Protection (FDEP) on Aug. 22.

The complaint seeks injunctive relief to stop the alleged “illegal activities” of the MHC Cortez Village LLC marina ownership group.

The complaint notes Cortez Village Marina is part of the Loggerhead Marinas group that owns 23 marinas throughout Florida and is affiliated with Equity LifeStyle Properties – a company that owns a controlling interest in more than 400 manufactured home communities, RV resorts and campgrounds.

The complaint names MHC Cortez Village LLC, Loggerhead Marinas and FDEP as respondents and says, “CRIF requests enforcement, including a temporary injunction, followed by the permanent injunction, to stop the illegal activities of the marina to avoid irreparable environmental impacts and harm to CRIF’s private canal.”

The new complaint is part of an ongoing dispute between Cortez Road Investments and MHC Cortez Village regarding the proposed construction of 49 Hunters Point docks along the privately-owned canal that borders the Hunters Point property on the three sides.

Hunters Point files complaint against Cortez Village Marina
The canal area highlighted in blue is owned by Hunters Point and extends to the Cortez Village Marina’s western boundary, on the right. – Manatee County Property Appraiser | Submitted

Built in the late 1950s, the man-made canal extends from the humpback bridge at 127th Street West to the eastern edge of the Holiday Cove RV resort property. When Gobuty purchased the Hunters Point property in 2016, he also purchased the portion of the canal that extends from the humpback bridge to Cortez Village Marina’s western boundary. The canal is the only means for marina clients to access the nearby Intracoastal Waterway (ICW).

The new dispute stems from the permit challenge MHC Cortez Village initiated after Cortez Road Investments received an environmental resource permit from the Southwest Florida Water Management District in 2021. That permit allows for the construction of the Hunters Point docks.

In response to the issuance of that 2021 permit, MHC Cortez Village filed a petition naming Cortez Road Investments and the Southwest Florida Water Management District as respondents. The petition alleged the Hunters Point docks would impede canal navigation for marina clients, especially those with larger boats, and negatively impact marina operations and profitability.

Hunters Point files complaint against Cortez Village Marina
86 solar powered homes are being constructed on the Hunters Point property. – Joe Hendricks | Sun

MHC Cortez Village sought and received a hearing before an administrative law judge in hopes of the judge issuing a recommended order for the water district’s governing board to revoke the permit or modify it in a manner that lessens the impact of the proposed Hunters Point docks.

With administrative law judge Bruce Culpepper presiding, that hearing began in June, continued for three days in mid-August and is scheduled to resume on Sept. 1.

Complaint allegations

The complaint alleges Cortez Village Marina is operating without a valid permit because the permit obtained by the previous marina owner was not properly certified when transferred to the current marina owners.

“The permit could not have been transferred because the project was not built and is not operating pursuant to permit conditions. Therefore, there was no automatic transfer of the permit,” the complaint alleges.

“MHC Cortez Village LLC does not have a valid environmental resource permit and is operating without a permit in a manner to cause environmental harm,” the complaint alleges. “Alternatively, if DEP finds the marina legally holds permit number 41-0255306, then there are major violations of the permit conditions. The marina has profited from its illegal activity in the amount of at least $181,000 for the month of July alone.”

“CRIF respectfully requests DEP immediately order the marina to cease the unauthorized activities at the marina. If necessary to stop the illegal activities, CRIF requests that DEP seek an immediate temporary injunction in Manatee County circuit court,” according to the complaint.

“The marina admits in its petition that the marina has 365 permanent boat slips. During testimony, the marina’s general manager, Skip McPadden, also admitted the marina has additional temporary boat slips. Condition number 45 of the DEP permit states the permittee shall ensure the docking facility will be limited to a total of 295 boat slips – 272 dry and 23 wet – inclusive of all shoreline and upland storage,” the complaint says.

The complaint notes McPadden and boat captain Chris Karentz testified that many marina clients are inexperienced boaters who could potentially collide with the proposed Hunters Point docks.

The complaint notes MHC Cortez Village’s 2021 complaint and recent testimony by McPadden confirmed the marina also operates a service department.

“The marina has therefore admitted it is violating the permit which states, ‘Boat maintenance or repair activities requiring removal of a vessel from the water, or removal of major portions of the vessel, for purposes of routine repair or maintenance shall be prohibited for the life of the facility, except where removal is necessitated by emergency conditions which have resulted in or can result in the sinking of a vessel,’” the complaint states.

The complaint references a website that states Cortez Village Marina clients can do their own repairs and the marina offers hull, engine and propellor repairs.

The complaint notes that McPadden recently testified that marina employees use the canal to test vessels before and after repairs are made.

“Immediate action is necessary to close the illegal service department since it is an unauthorized operation,” the complaint alleges.

The complaint also alleges the marina has not complied with reporting requirements for its stormwater and drainage system.

“Therefore, there are no reasonable assurances that the marina is complying with the stormwater conditions of the permit,” the complaint alleges. “CRIF personnel have seen, during heavy storms, surface water flowing from the marina property into the canal. This results in the release of oils, greases, lubricants, gases and other fluids into the private canal which discharges to the ICW and then Anna Maria Sound.”

Related coverage

Hunters Point canal hearing continues

 

Canal-side homeowners served summons in Hunters Point lawsuit

 

Hunters Point dock permit challenge begins

Hunters Point canal hearing continues

Hunters Point canal hearing continues

Written by Joe Hendricks on . Posted in Community News, Cortez.

CORTEZ – Potential safety-related compromises were proposed during three days of hearings last week in the ongoing Hunters Point Resort & Marina dock permitting challenge.

The permitting challenge pertains to the environmental resource permit the Southwest Florida Water Management District (SWFWMD) issued to Hunters Point developer Marshall Gobuty’s Cortez Road Investments and Finance Inc. ownership group in 2021. That permit allows for the construction of 49 new residential docks along the privately-owned Hunters Point canal, including the replacement of 17 previously existing docks.

Hunters Point canal hearing continues
The proposed docks are to be constructed along the canal that surrounds the Hunters Point property on three sides. – Cortez Road Investments | Submitted

A month after the permit was issued, the Chicago-based MHC Cortez Village LLC ownership group for the nearby Cortez Village Marina filed a petition for administrative hearing seeking the permit’s revocation or modification in a manner that would reduce the proposed docks’ impact on the navigability of the canal for their marina clients. The canal is also used by guests at two nearby RV resorts and several canal-side homeowners.

While the hearing plays out, the construction of the Hunters Point docks remains on hold, but the construction of 86 solar powered, net-zero energy rated townhomes is well underway along Cortez Road West.

With administrative law Judge Bruce Culpepper presiding, the hearing that began on June 14-15 continued Aug. 11-18. The hearing is scheduled to resume, and potentially conclude, on Sept. 1-2. The hearing is being held at the SWFWMD office in Tampa.

Attorneys Susan Martin and John Fumero are representing Cortez Road Investments, attorneys Matthew Chait and Devon Woolard are representing MHC Cortez Village and attorney Megan Albrecht is representing SWFWMD, which issued the challenged permit.

While testifying, SWFWMD Environmental Manager Cliff Ondercin and SWFWMD staff member Lauren Greenawalt expressed their professional opinions that the construction of the Hunters Point docks would not significantly impede navigation on the canal, even if there are spots where two boats cannot pass each other and one boat has to wait for the other to pass.

While testifying, Cortez Village Marina General Manager Skip McPadden said the marina stores up to 365 boats a time, the majority of which are stored in dry slips. When cross-examining McPadden, Martin questioned whether the marina’s total of 365 dry and wet slips exceeds the allowance stated in the marina’s state-issued permit. Martin also noted the state permit does not appear to allow for the routine vessel maintenance and repairs that McPadden said take place at the marina. She also questioned whether the marina activities are currently permitted at all.

McPadden noted some boats stored at the marina and are up to 38 feet long and several boats are at least 30 feet long. He said the proposed docks could impede navigation for those larger vessels. He also said the Hunters Point docks could also potentially impede navigation for smaller vessels in some areas of the canal.

The marina manager acknowledged that the canal is the only way for those marina boaters to access the Intracoastal Waterway. Martin noted the canal is privately owned by Cortez Road Investments and Cortez Village Marina has no written or verbal agreement regarding the use of the canal.

Hunters Point canal hearing continues
The canal area highlighted in blue is owned by Marshall Gobuty’s Cortez Road Investments & Finance Inc. – Manatee County Property Appraiser | Submitted

McPadden and other witnesses said the primary area of concern is the western portion of the canal, between the humpback bridge over 127th Street West and the 90-degree turn at the northern end of the western portion of the canal.

Several residential docks and boat slips are already located along that portion of the canal and some of those homeowners are named in a civil lawsuit recently filed by Cortez Road Investments. The lawsuit seeks compliance with the Manatee County ordinance that states docks, boat lifts and other structures cannot extend more than 25% into the canal. Martin said county enforcement efforts are currently underway to bring those canal elements into compliance to create more navigable space.

When testifying for MHC Cortez Village, witness Pete Peterson referenced bathymetric surveys taken by surveyor Gary Bazemore. Peterson was among those who expressed concerns about the depth of the canal in some locations, particularly along the sides of the canal.

When testifying as an expert witness for MHC Cortez Village, boat captain Chris Karentz shared his belief that the Hunters Point docks would significantly hinder navigation on the canal. Under cross-examination, Karentz, like McPadden, acknowledged there are areas where one boat can pull over and allow another boat to safely pass.

Proposed safety measures

During the hearing, several potential safety measures were discussed and debated. Martin noted signs already have been placed in the canal asking boaters to use marine radio channel 9 to communicate with other boaters when approaching the 90-degree turn and any other blind spots. She also noted mirrors have been installed along the canal to improve visibility.

Martin said the revised Hunters Point homeowners association documents now require all Hunters Point dock owners to complete a boating safety course. She suggested the marina require the same of its patrons.

The attorneys and witnesses offered differing opinions on the effectiveness of marine radios, mirrors and boating safety course. It also suggested that some areas of the canal remain dock-free to created designated pullover areas.

Martin suggested one-way travel times during which navigation would be restricted to one direction at a time during half-hour intervals. She noted this would require the marina to stage their arrivals and departures accordingly.

When Martin mentioned possibly closing off the canal near the marina basin, Culpepper said that was not open to consideration. In June, the judge and attorneys all agreed that riparian rights and the continued use of the canal by non-Hunters Point residents is a matter to be decided in a civil court – and Cortez Road Investments has already filed a lawsuit seeking a court order to prohibit the marina and its patrons from using the canal.

Hinting at the possibility of compromise, Woodland noted the petition filed on behalf of MHC Cortez Village does mention permit modification as one desired outcome.

At the conclusion of the hearing, Culpepper will issue a written recommended order as to whether the environmental resource permit was properly issued or should be modified or revoked. The water management district’s governing board members will then make a final ruling.

Related coverage:
Canal-side homeowners served summons in Hunters Point lawsuit

Hunters Point dock permit challenge begins