Tag: John Chappie

Pines residents ask commission to deny zoning change requests

Written by Leslie Lake on February 24, 2025. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – Pines residents asked the city on Feb. 20 to deny any future land use or zoning change requests for the Pines Trailer Park by Pines Park Investors LLC or its manager, Shawn Kaleta.

Mayor John Chappie told The Sun that no such requests had yet been submitted, but City Attorney Ricinda Perry said at a Jan. 16 Community Redevelopment Agency (CRA) meeting that the property owner had confirmed the planned redevelopment of the parcel.

“I can tell you preliminarily it’s looking like some type of mixed-development that’s going to salvage as much of the character that’s there,” she said, adding that a rezoning would be necessary.

The Pines Trailer Park is currently zoned M-1, and according to the city’s Land Development Code, permitted uses are single-family mobile home units, manufactured homes, park trailers, preservation uses and conservation uses.

“Why is the city attorney talking to the CRA and media about redevelopment plans for the Pines?” Pines homeowner Elayne Armaniaco asked during public comment. “How is that her role? Why such a personal interest for her? Are you looking into the allegations that the city attorney is seen out socially and driving around with the largest land developer on the Island or the rumors that she lives in one of his properties? Why does it feel like she works for him or at the least they have a strong friendship? The conflict is so blatant.”

Victor Armaniaco asked the commission to deny any zone change requests.

“We elected all of you to protect us from an unfair treatment. You all have the power to maintain the current M-1 zoning and protect the charm and old Florida character of Bradenton Beach as well as our homes and investments,” he said. “What hardships does the LLC have that they should be granted a zone change? Over 96% of the units were allowed to rebuild without elevating and would rebuild if they knew the park would stay for long-term existence with generations to come. The LLC purchased a mobile home park so their desire to build something else on that property is a self-created hardship. Did you get elected in part to protect the character of Bradenton Beach? If you make it easier for a developer to change the zoning in unpopular ways, you are not doing your job.”

“The average home in the Pines Park is worth about $150,000 prior to the hurricane,” Pines homeowner John Shore said. “If I take that average of $150,000 times 86 trailers that’s approximately $13 million in value. They could be worth that amount again if they were allowed to rebuild.”

“There are 21 single women trailer owners, most of whom are on fixed income,” he said. “I have $165,000 in my trailer. As you know Pines Park Investors and Shawn Kaleta evicted us as of July 31. That means collectively the 86 trailer owners have lost $13 million. I’m 83 years old and that $165,000 loss really hurts.”

“In the past commission meetings, you said you wanted to help Pines Trailer Park in any way you could,” he said. “Well, there is a way. I ask that you deny any land use changes or zoning changes requested by Pines Park Investors and Shawn Kaleta and therefore force them to keep the trailer park for 3 1/2 years as a trailer park per Kaleta’s contract with the previous owners. If you approve their land use changes and zoning changes in the future you basically will be taking $13 million from 86 people.”

“I’ve been coming to this Island for 54 years,” Mary Moxx said. “I feel we have been disrespected at Pines. I’m a senior and have limited funds to continue. You want the zoning to change. Why? Ricinda, you remember the old ladies that found you crying on the steps of your gazebo after you told us we were condemned? We consoled you. You have not consoled us.”

“I’m hoping you understand that pain your residents are going through here,” Pines homeowner Sandy Seaver said. “Our eviction notice that we received a few weeks ago started with ‘due to a land use change, you are evicted.’ Was the letter from Mr. Kaleta incorrect? When I saw that my feeling was how can they do that without a public meeting?

“We really just want an honest, caring city government who puts its residents first, no playing games, no bending to money, transparency,” Seaver said. “We are the throwaways on the Island. We have been through hell. We feel that the fox is in the hen house. We ask that you put yourself in our shoes and allow us to move forward and show us some support. We’re fighting many battles in that park and we shouldn’t have to be fighting with you guys, too.”

Mayor responds

Following the close of public comment, Mayor John Chappie said, “Not a thing has been presented to this commission to change the zoning at the Pines. Nothing, whatsoever.”

“If something is presented to us, it would have to go through the whole process,” Chappie said. “There is not a single person up here that has said we want to get rid of the Pines.”

“I did make the comment to you Elayne (Armaniaco) that it does make a difference between a co-op and privately owned by an LLC,” he said. “It does make a difference when you’re looking at the legalities. I did not in any way, shape or form say I wanted to get rid of the Pines. I said just the opposite.”

He called the Pines Trailer Park a key part of the history of Bradenton Beach.

“We’re not the enemy up here, I swear to you,” Chappie said. “I pray on this every night. We want to keep the community quaint and lovely. It’s our home. It’s our neighbors. Is it going to be the same? No, it’s not because we had these two storms – these two major disasters. It breaks my heart.”

On Sept. 26, Hurricane Helene swamped mobile homes at the 86-unit waterfront trailer park. Former City Building Official Darin Cushing said in October that FEMA guidelines characterized the water intrusion as major damage but in December reversed that, following interior inspections, and allowed 83 of the 86 mobile homeowners the ability to repair their mobile homes.

On Jan. 4, mobile homeowners received notification from park owners Pines Park Investors LLC that the park was being closed. Homeowners found eviction notices taped to their doors on Jan. 24, notifying them of a July 31 deadline to vacate the park. Developer Shawn Kaleta is the manager of the LLC.

In a Jan. 27 letter to the Pines Trailer Park Homeowners Association (HOA), Pines Park Investors LLC offered to sell the mobile home park to the residents for $75 million.

Commissioners said they support the continued existence of the Pines, but don’t have the authority to interfere with private ownership of the park.

“My family has been on this Island for 45 years and I thought the Pines Trailer Park was the most adorable little trailer park and had so much character and it does break our heart,” Commission Deborah Scaccianoce said. “If there really was a way to stop an LLC and a private owner, we would.”

“As far as the Pines, I’ve responded to emails to several of the owners stating, I’d love to help you, but I don’t as a member of this commission have a legal right to interfere between an LLC and a property owner,” Commissioner Scott Bear said. “I wish I did. I don’t want to see a zoning change. I don’t want to see anything happen to the Pines. We’ll deal with that if it ever comes to this board. It has never been brought here.”

County administrator seeks favor from mayor

Written by Joe Hendricks on July 27, 2024. Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – Manatee County Administrator Charlie Bishop put Bradenton Beach Mayor John Chappie in an awkward position when he sought the mayor’s assistance in shortening his anticipated wait time at the Daiquiri Deck restaurant.

After receiving the call from Bishop on Thursday evening, July 25, Chappie, a former county commissioner, attempted to contact Jake Spooner. Spooner, a former city commissioner, owns the three-story commercial building on Bridge Street that contains his ground-level Bridge Street Bazaar retail store. Spooner leases the two upper levels of his building to the Daiquiri Deck but has no ownership stake in the restaurant.

Chappie mistakenly called the wrong number and left his Bishop request-related voicemail on another person’s phone. The following morning, an anonymous source provided The Sun with a recording of the voicemail that had already been shared on Facebook.

During the 59-second voicemail, Chappie, sounding a bit hesitant, said, “Hey Jake, John Chappie here. Ugh… I’ve never done this before. I just got a call from the county administrator, Charlie Bishop. He is at the Daiquiri Deck and believe it or not he called me to see … he’s got a 45-minute wait for a reservation to get a seat and it’s under Madison. He wanted to know if I could pull a string for him. I’m just asking if maybe you could call Daiquiri Deck and let them know, maybe. For Madison is the person – there’s three I believe: Charlie Bishop, his girlfriend and his girlfriend’s daughter, I believe it is. It’s under Madison. If you could let me know. I’ll see what I can do. Take care, thank you.”

When contacted by phone Friday afternoon, Chappie acknowledged leaving the voicemail and being aware of the voicemail being shared on Facebook.

“It is what it is,” he said. “I got a call from Charlie. I consider him a friend. I’ve known him for about 15 years. He was out here, and like anybody, I always try to help out friends and constituents if I can. So, I just made a phone call. I’ve never really done that before. I said that on the tape. From what I understand, he was already seated before Jake even got back to him.”

Chappie acknowledged that he intended to leave the voicemail for Spooner but accidentally left it with another person named Jake.

Regarding the optics of a county official seeking favor from a city official, Chappie said, “People will speculate, but I didn’t look at it that way. I’ve known Charlie for a long time – since I was with the county. I would do the same for anybody else I know.”

When contacted Friday afternoon, Spooner said he did not receive the voicemail in question but did receive a call from Chappie that evening.

The Sun also sought comment from Bishop via his office phone number, his county-issued cell phone number and his county email address. As of Saturday morning, he had not responded.

According to the Manatee County website, Bishop joined the county staff as a project manager in 2001. In 2023, the board of county commissioners appointed him county administrator, with a $230,000 annual salary.

It’s not illegal for a county official to ask a city official for assistance getting a table at a busy restaurant, nor does it constitute an ethics violation at the state level, but the county administrator does have influence with county commissioners when it comes to approving or denying funding requests made by the city of Bradenton Beach and the two other Island cities.

Bradenton Beach budgeting begins

Written by Joe Hendricks on July 22, 2024. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – City officials will maintain the current 2.3329 millage rate as part of the $4.85 million budget being prepared for the 2024-25 fiscal year that begins Oct. 1.

The proposed budget represents a $359,969 increase over the current fiscal year that ends Sept. 30.

The Bradenton Beach mayor, commissioners, department heads and city treasurer held their first 2024-25 fiscal year budget meeting on July 16.

As he does each year, Mayor John Chappie said, “The budget is the single most important document that we act on throughout our year. The budget is a reflection of where we’ve been, where we are and where we’re going as a community.”

Chappie then thanked the department heads and city staff for continuously working on the budget throughout the year.

Bradenton Beach’s annual budgeting process begins with each department head preparing a departmental budget that serves as a needs and wish list. The city treasurer then compiles the departmental budgets into a budget worksheet for the mayor and commission to review and tentatively approve department by department. On July 16, the mayor and commission tentatively approved each departmental budget presented and the proposed 2.3329 millage rate.

City Treasurer Shayne Thompson said he previously met with each department head and commission member and the new fiscal year budget is built on two primary assumptions: maintaining the current 2.3329 millage rate and providing the city’s hourly employees with 8% wage increases and a $500 increase to the tiered longevity bonuses that will now range from $1,250 to $2,500 according to length of time employed by the city. It was noted the salaried department heads would also receive pay increases, but the no exact figures were provided.

“With those assumptions, the budget is very sound,” Thompson said.

On July 23, Thompson provided The Sun with additional details. He said the department heads and himself, a salaried non-department head, will receive 8% salary increases. And, in an effort to keep pace with what other cities are paying, the department heads and Thompson will also receive “salary equalization adjustments” to be added to their annual salaries.

City Clerk Terri Sanclemente will receive a $10,000 salary equalization adjustment in addition to an 8% salary increase. An 8% salary increase and a $10,000 salary equalization adjustment will also be added to the future salary of the yet-to-be-hired replacement for recently departed Public Works Director Tom Woodard.

Thompson and Police Chief/Emergency Operations Manager John Cosby will receive $5,000 salary equalization adjustments in addition to their 8% salary increases. Building Official Darin Cushing is contracted through a third-party firm and his salary is determined by his direct employer.

According to Thompson, the city anticipates receiving $2.47 million in ad valorem tax revenues during the coming fiscal year, compared to $2.26 million during the current fiscal year. Due to increased property values, maintaining the current millage rate will subject Bradenton Beach property owners to higher property tax bills.

Factoring in grants, matching funds and various other taxes and revenue sources, the city anticipates receiving $5.05 million in total revenues during the new fiscal year, versus $4.56 million in the current fiscal year, Thompson noted some non-ad valorem revenue projections might change slightly before the final budget is published and adopted in September.

Thompson said the city hopes to add $225,000 to $250,000 to the uncommitted reserve fund.

Cosby said a healthy reserve fund is vital because it can be used to temporarily fund post-disaster recovery and cleanup efforts while awaiting reimbursement from FEMA and other agencies.

The numbers

Sanclemente proposes $833,347 for administrative department expenditures in the coming fiscal year, including wages and employee benefits, a $74,254 departmental increase.

The budget proposes $208,009 in city commission expenditures, including the mayor’s $9,600 annual salary, each commissioner’s $4,800 annual salary and a $16,000 increase for attorney fees, for a $19,140 overall increase.

Cosby proposes $1.92 million in police department expenditures that include slightly more than $1 million for wages and benefits, a $141,043 overall increase. He also proposes spending $92,400 for emergency management operations and $109,455 for code enforcement.

Acting as the interim public works director since former director Tom Woodard’s recent departure, Cosby proposes $503,199 for street and road expenditures, including $366,619 for wages and benefits, a $43,252 overall increase.

Cosby proposes $249,132 for stormwater management expenditures, including $158,566 for wages and benefits, a $15,541 overall increase.

Cushing proposes $498,353 for planning department expenditures, a $31,821 increase. Cushing noted the planning department is the one department that covers most of its own expenses through permitting fees and other development-related fees.

The budget doesn’t propose any new capital or infrastructure improvement projects for the coming fiscal year but does include $119,526 carried over to complete previously planned projects.

CRA budget

The Bradenton Beach Community Redevelopment Agency (CRA) fiscal year budget was briefly discussed during a separate budget meeting that day. The CRA operates as a separate but interconnected city entity with its own budget, revenues, expenditures and project pursuits.

According to the CRA budget worksheet Thompson prepared, the CRA anticipates $799,724 in redevelopment shared revenues, for an increase of $164,065.

CRA revenues include a mandatory $145,656 contribution from the city’s general fund and the worksheet anticipates CRA revenues totaling $948,398, a $167,205 increase.

The worksheet anticipates $344,606 for total CRA expenditures. That includes $213,612 for employee wages and salaries, including $119,112 for additional policing in the CRA district and $84,500 for salaries associated with streets and roads.

The CRA budget worksheet lists a projected net balance of $603,792. According to Thompson, most of that net balance will remain unspent and be carried over into the 2025-26 fiscal year for a utility line undergrounding project conducted in unison with the pending replacement of the Cortez Bridge.

Editorial: Signed palm tree agreement better late than never

Written by Sun staff on June 4, 2024. Posted in Editorial, Opinion.

The now-signed maintenance, indemnification and hold harmless agreement for the flawed Bridge Street coconut palm tree planting project lists April 1 as the project commencement date, which fittingly coincides with April Fool’s Day.

But Mayor John Chappie and the city’s witness, City Clerk Terri Sanclemente, didn’t sign and fully execute the agreement until May 28 – nearly two months after the listed commencement date.

On May 15, City Attorney Ricinda Perry told The Sun a “signed agreement” existed but a copy couldn’t be provided until Sanclemente returned from vacation on May 28. Local developer and project partner Shawn Kaleta might have signed the agreement on behalf of his Beach to Bay Construction Limited Liability Corporation in mid-May, as Perry’s emails indicate, but the agreement wasn’t legally enforceable until Chappie and Sanclemente signed it.

We appreciate Sanclemente promptly providing a copy of the fully executed agreement upon her return. We thank her for acknowledging that she and Chappie signed the agreement that day and for providing additional project-related documents and answers to our questions. Sanclemente did her job, while others associated with the project failed miserably.

Of the 70 coconut palms planted on and around Bridge Street, one already fell on a Bridge Street sidewalk and 22 others were removed from Gulf Drive South and replanted elsewhere along Bridge Street because FDOT doesn’t allow coconut palms and their falling coconuts and palm fronds along state-owned roads. Bradenton Beach leaders apparently don’t share similar safety concerns about city-owned Bridge Street.

During the month-long gap between the plantings and the mayor’s signature, would the city have been solely responsible for any palm tree-related deaths, injuries or property damage that occurred before the agreement became legally binding?

The Perry-drafted agreement includes indemnification language designed to protect the city from project-related lawsuits. An indemnification clause doesn’t prevent the city from being named in a lawsuit. It simply means the city can try to recoup its lawsuit-related losses from Kaleta and his roster of attorneys. That’s a risky proposition for a city financially desperate enough to sign over control of city-owned assets in exchange for shared project costs.

Perry and her elected accomplices are taking liberties with taxpayer assets that might get them removed by shareholders if they sat on a private sector board of directors. A misguided tree-planting project isn’t the worst sin a local government can commit, but the city attorney shouldn’t be leading the lackadaisical mayor and commissioners by their noses in her efforts to broker questionable public-private partnerships.

This fiasco prompted some Sun readers to call for Perry’s termination and Chappie’s resignation. Neither of those scenarios are likely, but maybe the light shined on this botched affair will cause all involved to think twice before pursuing another partnership with Team Kaleta.

City releases signed coconut palms agreement

Written by Leslie Lake on June 3, 2024. Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – The fully signed agreement between the city and developer Shawn Kaleta for the maintenance of the coconut palm trees on and around Bridge Street was signed by Mayor John Chappie on May 28 and placed into the public record that day.

That comes more than a month after the trees were planted the week of April 24 in a public-private partnership between the city and Kaleta.

On May 29, City Clerk Terri Sanclemente provided The Sun with a copy of the agreement signed by Chappie, Kaleta – as Beach to Bay Construction LLC manager – and Sanclemente as witness. The Sun made multiple requests for the document beginning on May 6.

The maintenance, indemnification and hold harmless agreement in a public-private partnership between the City of Bradenton Beach and Kaleta, through his LLC, designates responsibility for the tree maintenance to Kaleta and indemnifies the city in the event of injury or damage from the trees.

Public-private partnerships between cities and developers are unique to Bradenton Beach among the three Anna Maria Island cities.

Both Mayor Dan Murphy of Anna Maria and Mayor Judy Titsworth of Holmes Beach responded to The Sun’s email asking if either city had partnered with a private entity for city projects.

“If you define a public-private partnership as a “capital improvement project with the city getting dollar funding from a developer” the answer is no, we have had none that I can recall during my tenure of 10 years as mayor. I don’t think we’ve ever had a developer give us any money for a project,” Murphy wrote.

Titsworth wrote, “We have not, to my recollection.”

The partnership with Kaleta for the palm trees’ maintenance and indemnification was approved unanimously on April 3 by the Bradenton Beach Community Redevelopment Agency (CRA).

At that meeting, City Attorney Ricinda Perry assured CRA members that the agreement would be signed by Kaleta prior to the trees being planted.

CRA member Jan Vosburgh expressed concern about the trees’ safety and maintenance.

“I believe everything the city does should be as maintenance-free as possible,” Vosburgh said. “It sounds to me like we’re making a nightmare for the city and the businesses.”

Ultimately, following assurances by Perry that a signed agreement would be in place, Vosburgh voted to approve the agreement, making it a unanimous vote.

In addition to Chappie and Vosburgh, Deborah Scaccianoce, Marilyn Maro, Ed Chiles and Chair Ralph Cole make up the CRA.

OUT OF ORDER

It is unclear when Kaleta signed the agreement.

The city clerk provided The Sun a copy of the receipt for the April 10 $10,000 payment from Kaleta, but based on correspondence between City Attorney Ricinda Perry and Kaleta’s attorneys, it does not appear that he signed the agreement prior to the planting of the palm trees the week of April 24.

On April 25, Kaleta attorney Sean Kelly sent an email to Perry that said, “Shawn asked me to finalize this agreement for the coconut palms on Bridge Street. Will you please send me the Exhibit A site plan and the dollar amount for the CRA’s contribution? Then I can update the document and have Shawn sign. Thanks!”

On May 9, Perry sent an email to Kelly copied to Kaleta that said, “Good morning. It took me a bit to find a way to document in a ‘site plan’ the palms and to make sure we knew exactly where Miguel was planting everything. I ended up flying my drone and then inserting stars where palms are located with a description for areas that have multiple palms at or near an address.” “Miguel” refers to Miguel Mancera, the owner of M&F Lawn Care, Inc., the company that planted the palm trees, who has not yet been paid for his work (see story, page 9).

On May 14, Kaleta attorney, Rainier Altiere, sent Perry an email that said, “Here is the completed maintenance agreement. The only thing missing is the start date. Please provide me with that and let me know if this is OK for us to have Shawn sign.”

On May 15, Perry sent Kaleta, Kelly and Altiere an email that referenced an unnamed limited liability corporation (LLC) Kaleta intended to use as the CRA’s project partner and the party responsible for maintaining the coconut palms for the next 30 years.

“This corp (corporation) named in the document was set up at the end of last month. Is it just a ‘shell company’ with no assets or insurance to cover the harm/damage caused by a falling coconut? At a minimum, the company will need an insurance policy naming the city that actually covers damage caused by the coconuts. I can’t just have a piece of open (missing word) with no actual protection for the public. Ideas?” Perry wrote.

On May 15, The Sun emailed Perry requesting a copy of the fully signed and fully executed agreement. In her May 15 response, Perry wrote, “There is a signed agreement. The clerk is out of the office and can provide further documents upon her return.”

On May 29, Perry sent an email to Sanclemente and Chappie that addressed the date Sanclemente and Chappie signed the agreement.

“Contracts have counterpart signatures that most always have differing dates – hence the reason contracts ALWAYS state an effective date. The effective date controls contracts. In this instance, I always stated that the effective date would be when the date trees were being delivered. The city did not pick nor write the date but found the effective date to be acceptable and within the approval of the CRA. Standard contract law. Feel free to forward to anyone needing legal contract law information,” Perry wrote.

The effective date of the agreement is April 1, which is two days before its approval by the CRA at its April 3 meeting. The city did not respond to The Sun’s request for an explanation of the earlier effective date.

“The city of Bradenton Beach Community Redevelopment Agency (CRA) has approved a CRA beautification project on Bridge Street to be installed at a cost not to exceed forty thousand and no/dollars ($40,000) to be paid for by the CRA and ten thousand and no/dollars ($10,000) to be paid for by the Sponsor (Kaleta). All trees installed in this beautification project shall be maintained at the sole cost of Sponsor,” the agreement states.

The agreement will be in place for 30 years with options to renew every 10 years.

According to the signed agreement, “Sponsor shall at its sole cost and expense maintain the permitted installation in good condition. The city makes no warranties or representation of any kind regarding the suitability of this public property/right-of-way location for the proposed installation.”

The signed agreement includes indemnification language that states, “As consideration for use of the city’s public property to install coconut palm trees, the Sponsor (Kaleta) shall at all times, at its expense, hold harmless and indemnify the city, its officers, employees, agents, elected and appointed officials, and volunteers from and against any and all claims, demands, liens, liabilities, penalties, fines, fees, judgments, losses and damages whether or not a lawsuit is filed, including, but not limited to claims for damage to property or bodily or personal injuries, including death.”

The indemnification language also states that Kaleta is responsible for any costs, expenses and attorney fees associated with a claim or lawsuit associated with the coconut palm trees.

According to the Cornell Law School Legal Information Institute, “To indemnify, also known as indemnity or indemnification, means compensating a person for damages or losses they have incurred or will incur related to a specified accident, incident or event. Typically, parties make a written agreement in which one party promises to indemnify the other party for future specified losses.”

On May 31, The Sun received a copy of Kaleta’s proof of insurance with $1 million in liability per occurrence for personal injury, $5,000 for medical expenses per person, $100,000 damage to rented premises and $2 million general aggregate coverage. The policy expires on Sept. 9.

The insured is listed as Beach to Bay Investments, 102 48th St., Holmes Beach and the producer of the policy is Gulf Insurance, LLC, 301 Manatee Ave. in Holmes Beach.

The Sun has requested an updated site plan since the location of some of the trees has changed due to their FDOT-mandated May 24 removal from Gulf Drive South, a state road.

As of May 31, that site plan has not been received.

According to the maintenance, indemnification and hold harmless agreement Exhibit B, Kaleta’s company is responsible for: “Removing fronds, fruit, seedpods and fruit stalks carefully without damaging the trunk or fronds that are to be retained. All coconut fruit must be removed once it produces on the tree.”

The guidelines continue, “Pruning will be required a minimum of two times a year on municipal property and rights-of-way to manage the hazards of falling coconuts and fronds and to minimize the risk to persons and property within the fall zone.”

People on the Anna Maria Island Sun Facebook page had plenty of comments about the palm trees and the agreement.

Wendy Holcomb wrote, “Not a good idea EVER to put coconut trees where pedestrians walk and vehicles drive.”

Richard Becker wrote, “All this over a palm tree. It’s not about the palm tree, it’s about the politics.”

“Indemnify means to ‘make right again’ not ‘protect,’ so if the city lost a case, Team K would have to pay them back, the settlement ck (check) has to come from the defendant,” Susan Paxton wrote.

According to recent city Scenic WAVES committee meeting agendas, the CRA board did not request a preliminary project review from the city commission-appointed committee

The Scenic WAVES committee acts as the commission’s advisory board on proposed landscaping and beautification projects.

Related coverage:

Editorial: Signed palm tree agreement better late than never

Palm tree landscaper awaiting payment from city

Editorial: Palm trees and other shady endeavors

FDOT: Wrong trees, wrong place

Expert outlines optimum coconut palm maintenance

Signed palm tree agreement remains elusive

Editorial: Palm trees and other shady endeavors

Written by Sun staff on May 28, 2024. Posted in Editorial, Opinion.

Someone once posed the question: “If a tree falls in a forest and no one hears it, does it make a sound?”

The Sun poses a similar question: If the city attorney says there’s a signed agreement for the ill-fated Bridge Street palm tree planting project but nobody has seen it, does the agreement really exist?

In early April, the Bradenton Beach Community Redevelopment Agency (CRA) that includes the mayor and city commissioners approved planting 80 coconut palm trees along Bridge Street. According to City Attorney Ricinda Perry, the CRA was to contribute $40,000 toward the project and developer Shawn Kaleta and/or one of his LLCs would kick in another $10,000.

Perry told the CRA members there would be a signed maintenance, indemnification and hold harmless agreement in place before the trees were planted. The trees were planted in late April with no signed agreement in place.

A couple of weeks ago, one of the new palms toppled onto a Bridge Street sidewalk and had to be replanted.

Last week, FDOT told the city to remove the new palms planted in the Gulf Drive-Bridge Street roundabout.

Gulf Drive is a state road and FDOT doesn’t allow coconut palms to be planted along state-owned roads because they limit visibility and contain large falling objects like coconuts and palm fronds.

You’d think someone with the city or the city’s often-contracted landscaper would have known about this pesky little state rule – or at least checked to see if there was such a pesky little state rule. But that kind of foresight doesn’t mesh with the city’s “You can do it right when you do it over” approach to project management.

So now we know that coconut palms aren’t cool along a state road but they’re still OK standing alongside the highly-traveled, highly-populated city-owned Bridge Street.

To date, Perry and the city have not provided The Sun with a copy of the signed agreement, despite the multiple public records requests made during a two-week period. Perry told us we had to wait until the city clerk returns from her vacation on May 28 before we can see the elusive signed document.

The Florida Public Records Act says the city has to promptly acknowledge public records requests, respond in good faith and make “reasonable efforts” to figure out who has the requested document and where it’s stashed. City officials who break the state law can be fined $500 or removed from office if they try really hard to hide or withhold the requested document.

Perry and Mayor John Chappie were copied on our multiple and still ongoing requests for a signed agreement. Perry gave us an incomplete and unsigned draft version of the agreement that didn’t mention the project partner’s name. She also sent us some emails that showed us how hard she tried to collaborate with Team Kaleta’s lawyers to make this deal happen.

According to the unsigned version of the agreement, Team Kaleta is supposed to maintain the palm trees at their expense for the next 30 years. The unsigned agreement doesn’t specifically mention coconuts or palm fronds and it doesn’t specifically require Team Kaleta to pluck those pesky buggers from the trees before they drop on some unlucky person’s head, child or 1962 Corvette.

The unsigned agreement does however require Team Kaleta to comply with reference Exhibit A – a blank space that calls for a yet-to-be-seen site plan that shows specifically where each new tree was planted – and Exhibit B: “Guidelines for the Management of Coconut Palms.”

The “Guidelines” inform us that coconut palms can grow to be over 100 feet tall, may live 100 years and “regularly shed coconuts and large fronds, which may expose people and property to injury and damage.”

The all-knowing ‘Guidelines” also say, “To minimize this risk, coconuts and fronds must be regularly removed prior to their fall. In certain instances, coconut palms may possess structural defects that increase the risk of failure of a portion or all of the palm.”

Thank you, wise city leaders. What could go wrong?

The “Guidelines” say any coconut palms that show serious defects, conditions or weather damage must be removed (by Team Kaleta) within 14 days of being told to do so. Given that one tree already toppled onto a Bridge Street sidewalk on a sunny day, what’s the over/under on how many palms are going down during our upcoming “more active than usual” hurricane season?

In the absence of the signed agreement, it appears the first tree likely fell before the agreement was signed and dated by Chappie and Team Kaleta. If that first falling tree injured a person, place or thing with no signed agreement yet in place, who would have been liable – the city, Kaleta or both?

The unsigned agreement is also supposed to indemnify (lawyer-speak for “protect”) the city and the CRA against any future liabilities and lawsuits associated with the troublesome palm trees. If someone or something gets clocked by a falling tree, frond or coconut, that unfortunate soul gets to do battle with Team Kaleta’s army of lawyers, while the city sits on the sideline screaming, “Leave us alone, we’re indemnified!”

Mayor Chappie frequently laments the negative impacts that super-sized short-term vacation rental homes, aka “party houses,” have on Bradenton Beach’s residential neighborhoods, but he’s OK taking project money from the Island’s biggest developer of “party houses.”

Instead of sharpening their pencils and wisely managing CRA and city funds for future projects, the mayor and city commissioners are taking the lazy and easy way out by enabling Perry to pursue funding partnerships with Team Kaleta.

In the past year or so, Perry proposed the CRA or city partner with Team Kaleta to improve the city-owned parking lot near the Team Kaleta-owned marina. She also suggested the city partner with Team Kaleta for a Team Kaleta-controlled mooring field near the pier.

In early April – the same day she proposed the ill-advised, poorly-executed palm tree project – Perry proposed the CRA partner with Team Kaleta to install a waterfront pedestrian path that runs from Team Kaleta’s marina, past Team Kaleta’s mobile home park and ends at the city-owned pier.

Who is Perry working for? The city or Team Kaleta? When proposing these public-private partnerships, she sings the praises of a developer good-hearted enough to help fund CRA and city projects, but what she, the mayor and the city commission are really doing is selling the city down the Intracoastal Waterway.

Somehow, the sister cities of Anna Maria and Holmes Beach manage to fund their capital projects without financial aid from Team Kaleta. And in both those cities, the city attorneys focus on the basics – providing legal advice and legal services to their respective city leaders and city staff.

In most cities, a city attorney’s sole job is to dispense legal knowledge. City attorneys don’t usually serve as de facto city managers, project managers and project initiators. But in Perry’s defense, she’s just filling the leadership void created by Bradenton Beach’s weak mayor form of city government, and the weak mayor and weak commission gladly let her do it.

With the threat of state-imposed consolidation looming over the three AMI cities, there’s chatter in local political circles that Chappie wants to serve as the Island-wide mayor if that happens. That leadership scenario might scare some folks, but Island Mayor Chappie and Island Attorney Perry could then partner with Team Kaleta to plant coconut palms and other seeds of dissent throughout the rest of the consolidation fiefdom.

No signed agreement released on palm trees

Written by Leslie Lake on May 28, 2024. Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – After multiple requests by The Sun to the city for the release of a signed agreement in a city partnership with developer Shawn Kaleta for the installation and maintenance of coconut palm trees on Bridge Street, the nearly three-week-long waiting game for the document has thus far come up empty.

The installation of 80 coconut palm trees on and around Bridge Street was approved at an April 3 Community Redevelopment Agency (CRA) meeting following assurances by City Attorney Ricinda Perry that a maintenance, hold harmless and indemnification agreement signed by Kaleta would be in place prior to planting in which Kaleta would assume responsibility for maintenance and liability for any damage caused by the palm trees.

The trees were planted the week of April 24.

The first request from The Sun for the signed agreement was made by email on May 6 and received no response. Subsequent email and in-person requests by The Sun were made on May 7, May 15, May 17 and May 23.

The May 15 email request to the agreement received an “out of office” reply. The same day, The Sun emailed Perry requesting a copy of the signed and fully executed agreement.

City Clerk Terry Sanclemente, Mayor John Chappie and Police Chief/Interim Public Works Director John Cosby were among those copied on The Sun’s email request.

In her response, Perry wrote, “I’ll see if the deputy clerks can access the signed agreement. If not, we’ll have to wait until Terri gets back.”

Sanclemente is expected to be back in the office on May 28, after press time for The Sun. She was, however, in the office the week of May 6.

Perry provided a copy of an unsigned, blank draft version of the agreement which did not identify the other party involved with the project and did not include any details regarding the cost of the project or the manner in which the material, installation and maintenance costs would be shared. The agreement is for 30 years.

When asked by The Sun that day for a signed and fully executed copy of the agreement, Perry wrote, “There is a signed agreement. The clerk is out of the office and can provide further documents upon her return.”

The agreement and any other project-associated documents are subject to the Florida Public Records Act and Florida’s Government-in-the-Sunshine Law.

The lingering question remains as to who would be liable for any damage or injuries caused by the trees.

Since the planting of the trees during the week of April 24, things haven’t gone smoothly with the palms.

On May 15, a post on Facebook showed that one of the newly-planted palms apparently had fallen over on Bridge Street. It was replanted on May 17 and secured with a string tied to a metal stake.

On May 24, all the palms that had been planted on Gulf Drive South (State Road 789) were removed due to the trees not being allowed by Florida Department of Transportation (FDOT) regulations. FDOT spokesperson Darryl Richard said coconut palms are not allowed on state roads due to safety concerns about visibility and falling coconuts and limbs.

Chappie was on-site during the tree removal and The Sun asked him about the whereabouts of the palm tree agreement. He responded by deferring questions about the agreement to Perry.

OTHER RECENT PARTNERSHIPS PROPOSED

Other public/private partnerships with Kaleta have been proposed this year.

At a Feb. 1 City Commission meeting, Perry presented an offer from the Kaleta-owned Bradenton Beach Marina to act as the city’s harbormaster for a proposed city-owned mooring field near the Bradenton Beach Pier.

“So today the marina said, ‘Would you be interested in us helping you with the mooring balls? And what we can do is basically act as your harbormaster, provide the pump-out service and deal with the people that are paying and something else to think about is the amount you charge people, which they would enforce for us.’ Which would make it so a particular clientele would be able to afford that mooring ball,” Perry said at the meeting.

She described the offer as a potential public/private partnership to protect the city’s dinghy docks and to control derelict vessels.

“I was approached today by the marina, who said, ‘Why don’t you throw mooring balls out there?’ ” Perry said at the Feb. 1 meeting.

Metropolitan Property Ventures LLC purchased the Bradenton Beach Marina from the Bazzy family in 2023. The warranty deed associated with that sale lists Kaleta as the mortgagor and as the president of the Bazzy Marine Corporation. In city meetings, Kaleta is referred to as the marina owner.

Perry said the city doesn’t have the resources or staff to monitor the mooring field. If the marina would be willing to work with the city, the mooring field would be a revenue source for the city, as well as for the marina and would potentially clean up the area.

Derelict vessel removal has been a priority for the Bradenton Beach Police Department and over the years, they have removed dozens of them.

In March, the city commission considered a bid from Kaleta-owned Bridge to Bay Investments for a partnership in a city-wide paid parking contract. Bridge to Bay was one of two bidders with SP Municipal Services as the second bidder.

Under the bid, the proposed paid parking would have included all of Bridge Street, an after-hours parking lot to the east and west side of the police department, the city hall parking lot, the area around the pickleball court on Highland Avenue (with free passes to pickleball players), the shared parking lot with Angela Rodocker at First Street North, Gulf-side parking spaces near the Moose Lodge and future options at the Tingley Library if the building is raised to create additional parking.

At a subsequent meeting, when a decision between the two bids was expected to be made, the city did not accept either bid but instead announced it would consider having city-managed paid parking.

In April, Perry proposed that the CRA partner with Kaleta in the installation of a waterfront pedestrian path running from his marina to Bridge Street on the Pines Trailer Park property he recently purchased. The marina has a new bar the city permitted after it was built and in operation.

The next CRA meeting is scheduled on Wednesday, June 5 at 9:30 a.m. The next city commission meeting is scheduled on Thursday, June 6 at 6 p.m.

Meetings are open to the public and will be held at the Katie Pierola Commission Chambers, 107 Gulf Drive N.

Related coverage:

Editorial: Palm trees and other shady endeavors

FDOT: Wrong trees, wrong place

Expert outlines optimum coconut palm maintenance

Signed palm tree agreement remains elusive

FDOT: Wrong trees, wrong place

Written by Leslie Lake on May 28, 2024. Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – In what Mayor John Chappie characterized as a “mistake,” the city learned the hard way that coconut palm trees are not allowed by the Florida Department of Transportation (FDOT) on Gulf Drive South (State Road 789).

The coconut palm trees that were planted the week of April 24 along the Gulf Drive roundabout and traffic islands at the end of Bridge Street were removed on May 24 after it was determined by FDOT that planting the species was not in compliance with state regulations.

“There’s a right tree in the right place, but this is the wrong tree in the wrong place,” FDOT District One Scenic Highway Coordinator Darryl Richard said on May 24.

That section of Gulf Drive falls under the jurisdiction of FDOT.

“The city didn’t apply for a permit, but even if they had, coconut palms are a species that are not allowed there based on FDOT standards and public safety,” Richard said.

Richard said coconut palms violate sight line and vertical clear zone regulations, making them a safety issue for motorists. Another safety concern with the tree is falling coconuts, he said.

“Palm fronds that would fall into the roadway as well as vertical clearance are safety issues,” Richard said. “Coconuts are also one of the safety factors that could present problems.”

Richard said all his correspondence with the city has been verbal and he met with the mayor earlier in the week.

“He (Mayor Chappie) realized the mistake and decided to remove the palms,” Richard said.

Chappie was on-site during tree removal and spoke to The Sun.

“I won’t make that mistake again,” Chappie said. “FDOT has been really great about explaining and working with us to take care of this.”

The trees were moved by a loader and placed in piles at the paid parking lot owned by Shawn Kaleta at the corner of Bridge Street and Gulf Drive.

Chappie didn’t know the exact number of trees being relocated but, according to a site plan prepared by City Attorney Ricinda Perry, there were more than 15 trees.

“We have to be careful of the location because FDOT rules and regulations are pretty strict about sight vision. And that’s what we’re doing,” Chappie said.

Chappie said the trees that were removed will be replanted on Bridge Street.

“We’re just filling everything in,” Chappie said. “If we want to plant some trees, we have to fill out a plan submittal for anything over 24 inches.”

Pictures of the trees being removed and the circumstances surrounding their removal were posted on May 24 on the Anna Maria Island Sun Facebook page, and the coconut telegraph was busy.

“People are already trying to dodge palm fronds to be able to walk down Bridge Street. Should be interesting to see when the coconuts start falling,” Gay Rosnett wrote.

Jeremy Williams wrote, “This whole thing is an embarrassment. The mayor should resign. Lotta funny business mixed up in here.”

The trees that were removed were among the 80 coconut palm trees that were planted in the Bridge Street area in April.

The installation of the trees and a private/public partnership with developer Shawn Kaleta were approved at an April 3 Community Redevelopment Agency (CRA) meeting following assurances by Perry that a maintenance, hold harmless and indemnification agreement signed by Kaleta would be in place prior to planting in which Kaleta would assume responsibility for maintenance and liability for any damage caused by the palm trees.

As of May 26, after multiple Sunshine Law public records requests by The Sun for a copy of the agreement beginning on May 6, the city has not provided the document.

The question remains as to who would be liable for any damage or injuries caused by the trees.

On May 24, while at the site of the tree removal, Chappie was asked again about the whereabouts of the signed agreement. He deferred questions to Perry.

Related coverage:

Editorial: Palm trees and other shady endeavors

No signed agreement released on palm trees

Expert outlines optimum coconut palm maintenance

Signed palm tree agreement remains elusive

Signed palm tree agreement remains elusive

Written by Leslie Lake on May 20, 2024. Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – A newly-planted coconut palm tree that fell over on Bridge Street last week has raised questions about whether the city obtained a signed indemnification agreement prior to planting it and 79 other trees.

At the April 3 Community Redevelopment Agency (CRA) meeting, members unanimously approved the installation of 80 coconut palm trees along Bridge Street in a city partnership with developer Shawn Kaleta.

The approval was based on assurances by City Attorney Ricinda Perry that a maintenance, indemnification and hold harmless agreement with Kaleta would be in place prior to planting the trees, with Kaleta taking responsibility for tree maintenance and indemnifying the city against liability for any damage caused by the trees.

The palm trees were planted the week of April 24. On May 15, a Facebook post showed that one tree had fallen over from unknown reasons, causing no known damage. Bridge Street workers have reported seeing people picking coconuts from the newly-planted trees.

As of May 19, after multiple Sunshine Law requests to the city from The Sun, no signed and fully executed agreement had been produced by the city. That document is a public record and subject to the Florida Sunshine Law.

In the absence of a signed contract between the city and Kaleta, liability for damage that could be caused by the trees is in question.

A May 15 Facebook post shows one of the new palms near 120 Bridge St. laying on the ground, apparently having been uprooted. By May 17, the fallen tree had been replanted and was being supported by a string tied to a metal stake.

AGREEMENT ELUSIVE

On April 25, One of Kaleta’s attorneys, Sean Kelly, sent Perry and Kaleta an email that said, “Shawn asked me to finalize this agreement for the coconut palms on Bridge Street. Will you please send me the Exhibit A site plan and the dollar amount for the CRA’s contribution? Then I can update the document and have Shawn sign.”

This email exchange occurred the same week the trees were being planted.

On May 6, The Sun emailed the city clerk asking for a copy of the agreement between the city and Shawn Kaleta (or his business entity) showing the maintenance and indemnification agreement for the newly-planted palms on Bridge Street. The email was sent to city clerk Terri Sanclemente, Perry and Mayor John Chappie. No response was received.

On May 7, a Sun reporter went to city hall to obtain a copy of the contract and was told by the city clerk that it was not there and she had been told it was still being worked on. Another email was sent to Perry that day requesting a copy of the agreement and no response was received.

On May 9, Perry sent an email to Kaleta and attorney Sean Kelly that said, “It took me a bit to find a way to document in a ‘site plan’ the palms and to make sure we knew exactly where Miguel was planting everything.” Kelly responded that day to Perry in an email that said, “Do you have the dollar amounts to insert for contributions from the city and from Shawn?”

Perry wrote that the CRA was contributing $40,000 toward the tree planting project and Kaleta was to contribute $10,000.

On May 14, another Kaleta attorney, Rainier Altiere sent Perry an email that said, “Here is the completed maintenance agreement. The only thing missing is the start date. Please provide me with that and let me know if this is OK for us to have Shawn sign.”

On May 15, Perry sent Kaleta, Kelly and Altiere an email in which she wrote, “This corp (corporation) named in the document was set up at the end of last month. Is it just a ‘shell company’ with no assets or insurance to cover the harm/damage caused by a falling coconut? At a minimum, the company will need an insurance policy naming the city that actually covers damage caused by the coconuts. I can’t just have a piece of open (missing word) with no actual protection for the public. Ideas?”

A May 15 email request to the city clerk for a copy of the signed agreement received an “out of office” reply. The same day, The Sun emailed Perry requesting a copy of the signed and fully executed agreement.

Sanclemente, Chappie and Police Chief/Interim Public Works Director John Cosby were among those copied on The Sun’s email request.

In her response, Perry wrote, “I’ll see if the deputy clerks can access the signed agreement. If not, we’ll have to wait until Terri gets back.”

Perry did, however, provide a copy of a blank draft version of the agreement, which did not identify the other party involved with the project and did not include any details regarding the cost of the project or the manner in which the material, installation and maintenance costs would be shared. The agreement is for 30 years. She also provided copies of some of the emails referenced in this story.

On May 17, a Sun reporter attempted to obtain the document in person from the city clerk’s office and was told the contract was not there. That day, The Sun emailed Perry, Kaleta and Kelly asking Kaleta or Kelly to provide The Sun and/or Perry a copy of the signed agreement. As of May 20, The Sun had not received a response to that request.

The email exchanges indicate there was no signed agreement in place when the trees were planted in late April. As of May 20, the city and Perry had not provided any documents that confirmed that a signed and fully executed agreement existed that day.

In order for the agreement to be fully executed it must be signed and dated by Chappie, who was out of town for the Governor’s Hurricane Conference taking place in Palm Beach County May 12-17, according to the clerk’s office.

(Sun reporter Joe Hendricks contributed to this story)

Related coverage:

Irrigation system to be installed on Bridge Street

Eighty new coconut palms line Bridge Street

Chappie re-elected mayor, term limits remain in place

Written by Joe Hendricks on November 2, 2021. Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – Voters have re-elected John Chappie as the city’s mayor. Chappie will serve a third consecutive term as mayor and his sixth overall.

Running unopposed, incumbent city commissioners Jake Spooner and Jan Vosburgh also claimed additional two-year terms in office.

Chappie, Spooner and Vosburgh will be sworn into their next terms in office on Monday, Nov. 15.

Bradenton Beach voters also voted in favor of maintaining the existing term-limits for the mayor and city commissioners that limit an elected official to serving three consecutive two-year terms in that particular office.

According to the unofficial election results posted at the Manatee County Supervisor of Elections website as of 8 p.m. this evening, Chappie received 241 votes (69.45%) and Galuszka received 106 votes (30.55%). According to these results, a total of 347 votes were cast in the mayor’s race.

When asked about the election results soon after they were known, Chappie said, “I thank the voters for all their support over the years. It’s an honor. I’m happy and I’m humbled. I love serving and that’s what I’ve done pretty much all of my adult life, trying to make Bradenton Beach an even better community than it is; and this is paradise. We’ve got a lot of great city projects going on right now, including the undergrounding of utility lines, our stormwater and drainage improvements, and the dock expansion project. And the city’s getting a lot of financial support for these projects from the county and the state.

“I had an extremely good opponent. He’s fair and level-headed and ran a really good campaign. He’s a good guy. I give him credit for wanting to be involved in the community and I hope he continues that,” Chappie said.

When asked about the results, Galuszka said, “The results are disappointing, of course, but the support I received from the community was above and beyond my expectations. We both ran a good campaign and in the end people did speak on the issues I presented. I’m hoping my opponent will take that into account. I would like to stay involved in local politics and this has given me the drive to stay involved. The people spoke to me and our voices were heard as a result of this election.”

When asked about potentially running again in 2023, Galuszka said, “I definitely will consider running again in 2023.”

According to City Attorney Ricinda Perry, the voters’ decision to maintain the existing term limits means Chappie cannot run for mayor again in 2023, Spooner cannot run for a commission seat in 2023 and Commissioner Marilyn Maro cannot seek an additional term when her current term expires in 2022.

Anna Maria race

Running unopposed, Anna Maria commissioners Carol Carter and Jon Crane claimed additional two-year terms in office The remaining vacant commission seat will be filled by commission appointment later this month.

Term limits

The term limit-related charter amendment question appeared on the ballot as follows: “The current city charter provides that no person may hold the same elected office for more than three consecutive terms or portions thereof, with each term lasting two years. Should the city amend its charter removing term limits, while maintaining the requirement that each term shall last for two years?”

According to the unofficial results as of 8 p.m. this evening, 177 votes (51.91%) were cast in opposition to eliminating term limits and 164 votes (48.09%) were cast in support of eliminating the term limits.

All the unofficial Manatee County election results can be viewed at the Manatee County Supervisor of Elections website.

Chappie and Galuszka discuss mayor’s race and city issues

Written by Joe Hendricks on October 30, 2021. Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – Barring a tied vote or some other complication, the winner of the Bradenton Beach mayor’s race will be known Tuesday evening after in-person voting concludes at 7 p.m.

In-person Election Day voting will take place Tuesday, Nov. 2 from 7 a.m. to 7 p.m. at the Bradenton Beach Fire Hall, 201 Second St. N.

Incumbent Mayor John Chappie seeks a third consecutive term as Bradenton Beach mayor. First-time challenger David Galuszka seeks a first term as the city’s mayor.

The Sun recently interviewed both candidates separately. In a previous story, the candidates discussed their desires to serve, parking issues, vacation rentals and the lack of affordable workplace housing. In this story, the candidates share their views on golf carts and low-speed vehicles, noise ordinance enforcement, quality of life issues for permanent residents and why they should get your vote in the city election.

What can the city do about golf carts, low-speed vehicles and other alternative modes of transportation that slow vehicular traffic and create public safety issues?

Chappie: “We recently renewed our temporary micro-mobility moratorium and the three Island cities are starting to come together and have discussions about low-speed vehicles and golf carts. Public safety has to be a top priority and that gets back to enforcement. If the police department sees kids driving these things they need to pull them over. Everybody needs to be strapped in their safety belts and child restraints and car seats need to be used. If they can’t go the minimum speed limit when they’re fully loaded, then they need to stay off Gulf Drive. These things all need to be part of the overall ordinance that we’re working on that will be similar to what the other two cities are doing so we have consistency from city to city.”

Galuszka: “The businesses that rent the golf carts need to educate the users about the rules and regulations. As far as going too slow, I call it ‘enforced courtesy.’ Maybe we put up signs that say if there are cars behind you and you’re creating a backup, you should pull over or yield. In Anna Maria, the rental businesses are putting informational stickers in those rented vehicles. We should do the same so people know what the laws are. We should also have increased enforcement. On Bridge Street, I’ve seen golf cart operators that should not have been driving because they were very intoxicated – and drivers need to be at least 16 years old and have a valid driver’s license.”

Is the city doing enough to enforce the city noise ordinance in the residential neighborhoods that are often impacted by vacation rental guests?

Galuszka: “I support the noise ordinance. I don’t think it’s enforced as it could be. Residents shouldn’t be subjected to this non-stop noise coming from these party houses. I’ve experienced it myself. We need to enforce our noise ordinance. Some residents I spoke with tell me they’ve called and nothing happens. A couple people I talked to said they called code enforcement only to get a full voicemail box. I personally emailed code enforcement six or seven days ago and still haven’t got a response. I don’t think that’s acceptable. There isn’t enough being done.”

Chappie: “A lot of people do not call in their noise complaints. I tell people all the time that if you have a noise problem, call the police department. We have a new chief and he and the police department know noise issues are one of the commission’s top priorities. If there’s a problem, they need to take care of it by issuing a warning or taking other measures. It’s an enforcement issue and our police chief knows this.”

What else can be done to protect the quality of life for the city’s permanent residents or attract more permanent residents?

Chappie: “We have the situation with the trash pickup and the piling up of trash has gotten worse. The trash company seems to be having difficulty finding enough employees to do the side-yard pickup that’s required in our Transient Public Lodging Establishment (vacation rental) ordinance. The tourists often bring the trash cans out to the street on their own and they end up sitting by the road for several days and the residents have to look at them. We’re cracking down on that. Our code enforcement officer has sent out letters and he’s putting people on notice. We had a meeting with WastePro management and we’re still having issues.”

Galuszka: “When it comes to comes to affordable housing, I’d like to meet with the developers and see if they’d be willing to provide a single unit out of the four or six units they have and rent that out at the current market rate for an annual rental – especially for the service workers and others who work out here.”

Why should the people of Bradenton Beach vote for you?

Galuszka: “I’ve been a public servant most of my life. I’ve not held an elected office, but in my career with military and the federal government as an air traffic controller there were a lot of responsibilities I had as an air traffic manager that parallel what the city government does. I was involved in seeking requests for proposals and labor negotiations with the union. I developed memorandums of understanding and letters of agreement. I dealt with red tape and bureaucracy. I would foster good working relationships with county commissioners and state legislators and I’d spend time getting a better grasp on how those governments work. I want to keep Bradenton Beach great and I envision opportunities to make it even better. I would bring a fresh voice and some new perspective to the city commission. I’m open to cooperation and listening to the ideas of others. I thrive on challenges and I’m willing to do the work. I’m retired and I have the time, energy and capacity to put 100% effort into being the mayor.”

Chappie: “I hope people will consider voting for me. I have been here basically all of my adult life. I know the community. I’ve been continuously active in the community for the past 37-38 years. I’ve been on numerous boards, committees and agencies. I’ve been an elected official at the city level as a commissioner, mayor and as a CRA board member and chairman. One-third of our city is county-owned property, including the public beaches and boat ramps. I’ve been a county commissioner and that gives me an understanding of working with the county and the county staff. That benefits our community, our residents and the rest of the Island community. I’ve made a lot of government contacts which have been extremely beneficial in knowing who to call and who to talk to to get things done for Bradenton Beach.”

FDOT sidewalk project concerns Bradenton Beach officials

Written by Joe Hendricks on October 10, 2021. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – City officials share some lingering concerns about the permeable brick paver sidewalk the Florida Department of Transportation (FDOT) is installing along Gulf Drive.

The concerns include potential safety and tripping hazards and the city’s future liability and maintenance responsibilities.

Funded and supervised by FDOT, the sidewalk project calls for the replacement of the existing concrete sidewalk along Gulf Drive North, from Ninth Street North to the s-curve near the south end of Avenue C.

The larger, permeable pavers being used for the FDOT sidewalk project are approximately a foot thick and are much thicker than standard-sized brick pavers. It’s hoped the thicker pavers will provide greater stability and durability alongside the heavily traveled state road and state-owned right of way.

According to the post-project maintenance agreement with FDOT which Mayor John Chappie, City Clerk Terri Sanclemente and City Attorney Ricinda Perry signed in September 2020, the city will be responsible for the future maintenance of the FDOT-installed sidewalk.

According to the agreement, “It is understood and agreed by the parties that upon completion of the project, the local agency (the city of Bradenton Beach) shall be responsible, at its costs, for maintenance of said project. Maintenance items to be maintained by the local agency shall include, but not be limited to: removal of graffiti, pervious pavers and aesthetic features. The local agency shall maintain pavement surfaces free from residue accumulation, algae, vegetation and other slip or trip hazards. The local agency shall sweep, vacuum, edge and provide weed control along the project corridor from 10th Street to Avenue C, only at the permeable brick paver locations. The local agency shall ensure the safety of the public by repairing shifted pavers and maintaining the permeable brick pavers and any other safety features within the project corridor. The local agency shall maintain and repair the permeable brick pavers at its sole cost and expense, in a good and workmanlike manner and with reasonable care.”

Before entering into the agreement with FDOT, the mayor, city commissioners, public works director and city attorney expressed concerns about the use of the oversized pavers and the ongoing maintenance responsibilities and costs to be incurred by the city.

Chappie addressed the city’s ongoing concerns during the Thursday, Oct. 7 city commission meeting.

“It’s not what we expected. We don’t really have high expectations of how successful it’s going to be. We have put FDOT on notice of our grave concerns with regards to safety, the tripping hazards and how it’s being installed. We don’t want to increase any extra liability on our city for something FDOT is doing,” Chappie told the commission.

“I worry about pavers. You are going to trip on pavers. They can’t be even all the time,” City Commissioner Jan Vosburgh added.

“It’s their right of way, their sidewalk,” Chappie responded.

Chappie noted Public Works Director Tom Woodard had communicated the city’s concerns to FDOT officials. Woodard emailed FDOT Construction Project Administrator Chris McInnis on Monday, Oct. 4.

“I just wanted to touch base with you about the sidewalk replacement/brick installation project, as a few concerns with the installation have been brought to my attention. I just need to be sure that correct installation oversight and inspection is taking place? The brick appears to be wavy with some potential trip hazards. I’m sure the abundant groundwater and with the weight/size of the bricks it makes for a difficult installation, but we need to be sure we get the best end result possible,” Woodard stated in his email.

In the response he sent Woodard that day, McInnis wrote, “The installation of the pavers are being installed per plan and manufacturer specifications. The contractor is doing their best to provide a quality product. The contractor and I have been working close together in making sure that all the concerns of the department, county and Bradenton Beach are mediated. Any and all concerns regarding the safety of the finished product will be addressed.”

After receiving a copy of that email exchange, Chappie sent Woodard an email that said, “Thanks for putting FDOT on notice of our grave safety concerns. This type of design, using blocks, have inherent challenges with installation. Thanks for staying on top of this project.”

Bradenton Beach mayoral candidates discuss city issues

Written by Joe Hendricks on October 3, 2021. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – Voters will soon decide whether incumbent John Chappie or challenger David Galuszka serves as the city’s next mayor.

The mayor’s race will conclude with in-person voting at the Bradenton Beach Fire Hall, 201 Second St. N., on Tuesday, Nov. 2. The deadline to register to vote in the 2021 elections was Monday, Oct. 4. Vote by mail voting in the mayor’s race is already underway and Saturday, Oct. 23 is the deadline to request a vote by mail ballot.

Commissioners Jan Vosburgh and Jake Spooner are running unopposed and will automatically earn additional two-year terms in office.

Candidate interviews

The Sun recently interviewed both mayoral candidates at their Bradenton Beach homes.

Chappie has lived in Bradenton Beach for the past 48 years. He spent nearly 20 years in the construction business, working his way up to a foreman for Westra Construction, where he led a crew whose duties included repair work and testing water and sewer lines.

Chappie seeks his third consecutive term as mayor and his sixth mayoral term overall. After serving three full or partial terms as mayor, Chappie served two four-year terms as a Manatee County commissioner. He returned to the city commission in 2016, was elected mayor in 2017 and, running unopposed, was reelected in 2019.

Galuszka has lived in Bradenton Beach for about two and a half years. He’s a retired air traffic controller whose career began as a member of the United States Air Force and continued as an air traffic controller for the Federal Aviation Administration (FAA). Galuszka retired from the Air Force in 2005 and retired from the FAA in 2019.

Why do you want to serve as the Bradenton Beach Mayor?

Galuszka: “I think it’s time for a change. I’ve had many voters encourage me to run for that specific reason. I may not have a political science degree, but what I do have is the desire, the energy and the commitment to serve the people of Bradenton Beach to the best of my abilities. I would bring a fresh perspective, new ideas and a long history of public service. I was a public servant as an air traffic controller and of course as a member of the military.”

Chappie: “It’s my hometown. I love serving. I want to help out where I can with the neighbors and with our community. I fell in love with Bradenton Beach in 1974 and decided this was where I wanted to live the rest of my life. I’ve served the community on various boards for 37 continuous years. Working together, we’ve been able to make a difference. Through those years, I’ve learned so much more about the community – and that doesn’t happen overnight.”

Why should Bradenton Beach voters vote for you?

Chappie: “I’m in my 48th year as a resident. I know the community and they know me. They know if I say something I mean it. Promises made, promises kept. Over the years, I’ve developed friendships and developed a tremendous number of contacts on the local level, with the other Island cities, at the county level and at the state level. I know who to go to, and that’s key to getting things done for our community and our residents. You just can’t get that overnight. That takes experience and longevity; and it’s proven beneficial with all the funds and appropriations and grants we’re getting – about $8 million in recent years.”

Galuszka: “Just because you have a long résumé, that doesn’t make you a better leader. As an air traffic manager, I had 12 employees working under me. I had to negotiate with the union, I was the quality assurance rep, I had to schedule medical exams. That was similar to running a small city. I want to improve on some things, like the imbalance of single-family homes and annual rentals versus vacation rentals. Maybe we need to look at general obligation bonds, using the CRA (Community Redevelopment Agency) and TIFF funds and working with private investors to address the affordable housing shortage. Overall, some residents feel their voices aren’t being heard, and, of course, parking is an issue.”

What are some of the most important issues the city faces now and over the next two years?

Chappie: “It hasn’t changed in the last several years: Tallahassee’s home rule attacks and how the state Legislature’s actions have changed the course of every city, especially tourist communities like we have on Anna Maria Island. It’s destroyed our residential neighborhoods. We thought our residential areas were protected, but Tallahassee doesn’t consider a party house to be a business. You can build them in residential areas and the state ties your hands with regards to how you regulate them. You can’t single the party houses out. Undergrounding our utility lines and continuing our drainage improvements are also very important.”

Galuszka: “Affordable housing, parking, traffic, drainage and expediting the city’s permitting process and the time it takes to permit a simple project like putting in some stairs. I have to resort back to the affordable housing, especially for the service industry employees. Most of them can’t afford to live here. I realized there’s limited space, but I still believe there’s something we can do about that.”

What are your thoughts on the city’s past and ongoing efforts to improve drainage?

Galuszka: “I believe drainage should be a priority. I see big improvements in that area with the projects the city’s doing now and I support what they’re doing. But on an island, it’s inherent that we do more. The area by me, on Highland Avenue, sometimes looks like a lake.”

Chappie: “We currently have a little more than $3 million for stormwater projects. We’re going to be addressing the areas in most dire need: the end of Avenue A, where 20th and 21st Place meet. That whole area is going to be addressed. One of the top priorities is that the water’s not going to run back onto those properties. The engineers are working on that now. We may also be able to possibly do all of Avenue B to 26th Street North, where the Sandpiper (mobile home community) is.”

The city’s comprehensive plan and land development code prohibit standalone parking garages. What else can be done to improve parking in Bradenton Beach?

Chappie: “We have time limits on Bridge Street. If our police department and code enforcement officer recognize people are there all day long (for beach parking) they will issue warnings and try to get them to move. I helped secure an after-hours parking agreement with the post office and we’ve improved our parking areas at Lou Barolo Park. The CRA is doing the parking trams that pick up people along Cortez Beach and near Coquina Beach. The city has presented the board of county commissioners with conceptual drawings for what we could do in the Cortez Beach parking area to improve safety, and to also add parking areas just south of Coquina North boat ramp – including a secured area that could be used strictly for employees, with the trams bringing them to and from the Bridge Street area. The county seemed open to doing this. The only reason it’s on hold is because the county will be replacing their sewer lines from Sixth Street South to 13th Street South.”

Galuszka: “The city should consider hiring a parking consultant to do a study on what possible solutions there are for our parking problems. We’re limited on space, so there’s not much room for parking, but that’s where the creativity comes in and asking the experts to come up with some solutions. A paid public parking lot would be a great way to generate revenue while also helping with the parking issue. I would be in favor of the city purchasing property for a paid parking lot.”

How would you rate the success of the CRA-funded Old Town Tram parking shuttle program?

Chappie: “I would probably give it a C. I’m willing to continue with the pilot program. I was not willing to sign a deal that would go for up to five years. The trams need to be more regular in their running and their routes. They need to have a few designated stops. People need that regularity and certainty and the drivers need to stick with the designated route. There can be exceptions, but for customer service you need consistency. People need to know if they wait 10 minutes somebody’s going to come around. It’s not near as good as I think it can be and needs to be.”

Galuszka: “I think it’s a great idea, but I don’t think it’s working as advertised. With the parking area right down the street from me by the police station, I see the trams going back and forth daily and I would have to say it’s in the 90th percentile that they’re empty. I think we need better signage. The sign at the intersection of Gulf Drive and Cortez Road advertises the free tram, but it just has an arrow pointing south. I think we could be more descriptive in directing people to park at Cortez Beach. I think we can do a better job there. I also believe some people don’t realize the parking tram is free. I’m in favor of the CRA funding it for another year. I think it’s a good idea, but I don’t think it’s working as advertised.”

Note: During their recent interviews, the mayoral candidates discussed several other city issues and further expounded on their desires to serve as Bradenton Beach’s next mayor. These matters will be addressed in a future story or stories as the mayor’s race continues toward its November conclusion.

County commission supports Bradenton Beach dock expansion project

Written by Joe Hendricks on June 9, 2021. Posted in Bradenton Beach, Community News, Uncategorized.

BRADENTON BEACH – The Manatee County Commission is providing up to $850,000 in matching funds for Bradenton Beach’s dock expansion project.

The county commission approved the city’s funding request on Tuesday, June 8. The county funds will be provided using county tourist tax revenues generated by the 5% tourist tax levied on hotel, motel and vacation rental stays in Manatee County. The Bradenton Beach Community Redevelopment Agency (CRA) will pay the city’s share of the dock expansion project costs.

In anticipation of the county’s support, the CRA members recently selected Duncan Seawall, Dock and Boat Lift to install the fingers docks to be purchased from Golden Marine Systems.

The finger docks will extend perpendicular to the floating dock installed in 2019, and the floating dock will be extended to the east to accommodate additional finger docks. Duncan will also construct the new dinghy dock that will replace the aging dinghy dock near the entrance to the Bridge Street Pier.

Duncan’s bid came in at approximately $616,000 to $624,000, depending on some additional piling options included in the proposal. Duncan’s bid does not include any additional work on the showers or restrooms.

When presenting the funding request to county commissioners, Mayor John Chappie said the finger docks would increase public dockage near the Bridge Street Pier from seven spaces to 26 or 27 spaces. The existing and soon-to-be-expanded docking facilities are free to the public on a first-come, first-served basis and overnight docking is not allowed.

Chappie said the matching funds would also be used to renovate the existing public shower facilities and increase the size of the public restrooms, and to create a terminal-like area at the entrance to the pier for the Old Town Tram parking shuttles that service the CRA district.

Chappie also mentioned the possibility of a water taxi service one day running from downtown Bradenton to Bradenton Beach.

“There’s been a lot of discussion over the years with regards to a water taxi. Bradenton Beach could be a stop for the water taxi. There will be a space available for that as well,” he said.

County support

“This project is exactly what the county needs because it’s beneficial to all residents of the county,” District 3 County Commissioner Kevin Van Ostenbridge said. “You’re inviting day trippers to come by boat to dock at Bridge Street. They can patronize the businesses on Bridge Street, and the Island is thin there, so people will easily be able to access the beach from that point. It’s a great way to bring additional visitors into your city without having a major impact on your residents. I’m very pleased with the relationship we have with Bradenton Beach and their efforts to try and be as inclusive as they can, knowing they’re a destination city.”

Commissioner George Kruse then said, “I love this. This is such a great idea and I’m 100% in support of this. This is needed and I appreciate it.”

Commissioner Carol Whitmore noted the county also provided matching funds for the installation of the floating dock.

“This all ties in, we’re just adding more capacity. This is what the tourist tax is about. If we do a water taxi and people are staying in Bradenton they can hop on the (water) taxi at Pier 22 and come on out,” Whitmore said.

“The water taxi would start in downtown Bradenton, utilizing the parking garage,” Chappie said, expressing hope that this might help reduce the number of cars coming to Anna Maria Island.

Regarding the long-desired water taxi service, Commission Chairwoman Vanessa Baugh said, “That should have been done years ago.”

Regarding the dock expansion project, Baugh said, “It’s a great project – and what makes it so great is that the county and the city are working together to make this happen.”

Commissioner Misty Servia chairs the TDC board that serves as a recommending body to the county commission. She noted the TDC board supports the project and the funding request, as does she.

Commissioner James Satcher liked the project so much that he proposed increasing the county funding.

“We should increase it by $282,000. He’s got other things he’s planning on doing, plus he’s got the water taxi,” Satcher said.

Satcher did not provide any documentation to support his proposed $282,000 funding increase.

“That’s not how this works,” Kruse emphatically said of Satcher’s suggestion.

County Attorney Bill Clague advised the commission to simply approve or reject each funding request cited in the proposed county ordinance that also included separate funding requests from the cities of Anna Maria and Holmes Beach.

“I have to advise you against trying to move dollars around. I would ask that you just vote each of these up or down,” Clague said.

Van Ostenbridge made a motion to approve the Bradenton Beach funding request as presented and he rejected Satcher’s efforts to amend the motion to increase it by $282,000. The commission unanimously supported Van Ostenbridge’s motion.

Bradenton Beach commission proposes eliminating term limits

Written by Joe Hendricks on May 25, 2021. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – In the upcoming fall elections, Bradenton Beach voters will again be asked if they want to eliminate the term limits currently imposed on the city’s elected mayor and city commissioners.

The City Commission on Thursday unanimously supported on first reading an ordinance that provides ballot language for the possible elimination of term limits. The ordinance will be provided to the Supervisor of Elections Office after being adopted on second and final reading on Thursday, June 3.

The ballot language, drafted by City Attorney Ricinda Perry, says: “The current city charter provides that no person may hold the same elected office for more than three consecutive terms, or portions thereof, with each term lasting two years. Should the city amend its charter removing term limits, while maintaining the requirement that each term shall last for two years?”

Voters will be asked to vote yes or no on that question.

Bradenton Beach is the only city on Anna Maria Island that imposes term limits on its elected officials.

Due to a previously adopted charter amendment regarding commission candidate residency requirements, there was some confusion in 2016 as to whether the city’s term limits had inadvertently been eliminated by the voter-adopted residency amendment. Clarification was then sought from city voters during the 2016 elections and Bradenton Beach voters determined they wanted the existing term limits to remain in effect.

Those election results resulted in commissioners Ed Straight and Jan Vosburgh term-limiting out of office. In 2019, Vosburgh was elected to serve another two-year term and she plans to seek reelection in the fall. Mayor John Chappie’s term also expires in November and he’s expected to seek another term.

During Thursday’s meeting, Chappie said he’s remained silent on term limits, but he has and does fully support eliminating them – in part because there are now fewer full-time residents and fewer potentially interested commission candidates in the city.

Vosburgh said she fully supports eliminating term limits, too. She cited the knowledge experienced commissioners bring to the commission and the learning curve new commissioners must navigate.

Commissioner Jake Spooner is serving his third term in office, a term that expires in November. Spooner has run unopposed in all three of his commission races and has not announced whether he will seek reelection, although he has informally expressed interest in serving another term.

Perry also has informally expressed her opinion that Spooner can seek another term because some of his time in office has been served as an at-large commissioner and some has been served as the Ward 1 commissioner. This is due to city voters eliminating and later restoring the city’s four geographically determined commission wards. Perry has not yet provided a formal legal opinion on this matter, nor has the commission directed her to do so.

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County providing additional funding for pier repairs, ferry enhancements

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Mayor responds

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Candidate interviews

Why do you want to serve as the Bradenton Beach Mayor?

Why should Bradenton Beach voters vote for you?

What are some of the most important issues the city faces now and over the next two years?

What are your thoughts on the city’s past and ongoing efforts to improve drainage?

The city’s comprehensive plan and land development code prohibit standalone parking garages. What else can be done to improve parking in Bradenton Beach?

How would you rate the success of the CRA-funded Old Town Tram parking shuttle program?

County support