Tag: John Chappie

Cities oppose Manatee becoming a charter county

Written by Joe Hendricks on February 8, 2021. Posted in Anna Maria, Bradenton Beach, Community News.

MANATEE COUNTY – City officials representing the three city governments on Anna Maria Island oppose County Commissioner George Kruse’s desire for Manatee County to become a charter county.

Government officials in Longboat Key, Bradenton and Palmetto share that opposition.

All six municipalities in Manatee County are structured and governed according to their city charters, which can only be changed with the majority support of their registered voters.

Cortez and Parrish are among the unincorporated areas in Manatee County that don’t have city governments and are therefore governed by the county commission.

As a non-charter county, Manatee County is structured and governed according to state law and the Florida Constitution, and its governmental structure can only be altered by state legislators.

City officials expressed their opposition to a charter county during the Tuesday, Feb. 2 Council of Governments meeting. The quarterly meeting occurred at the Bradenton Area Convention Center in Palmetto and was chaired this month by Anna Maria Mayor Dan Murphy.

The meeting began with Murphy discussing an agenda topic about issues in the city of Anna Maria. Those issues included the state Legislature’s annual efforts to preempt vacation rental regulations to the state while reducing home rule rights from Florida cities and counties.

The remarks Murphy made regarding larger governments’ assaults on smaller governments’ home rule rights to regulate vacation rentals foreshadowed the charter county discussion that followed.

Charter discussion

When introducing his requested agenda item, Kruse said his intent was not to do a deep dive on the subject.

“It’s something I’m looking into and I believe in. Every few years this comes up and I feel it comes up for a good reason. The last time was 2017, and that kind of just died away,” he said.

Kruse noted 20 of Florida’s 67 counties are currently charter counties. According to the Florida Association of Counties website, 75% of Floridians live in charter counties.

Kruse said Manatee County is the second-largest non-charter county in the state and he noted Sarasota County has been a charter county since 1971.

They have things like term limits and limits to financing for campaigns. They have recall provisions. These are things the people of Sarasota County elected over time to impose on their government. We can’t do any of that because the state of Florida prohibits it,” he said.

Not noted by Kruse was the fact that a charter county is also required to adopt an administrative code.

According to Florida Statute 125.87, “Following the organization of the first board of county commissioners elected pursuant to a charter, the board of commissioners shall adopt an administrative code organizing the administration of the county government and setting forth the duties and responsibilities and powers of all county officials and agencies pursuant to the provisions of the charter.”

“My goal,” Kruse said, “is to give the voice to the people. It’s not to take voices away or the power away from the municipalities. I know that’s a concern.”

Kruse said he’s only aware of one county in Florida that takes away a city’s home rule rights.

“It’s just not what’s done. It’s something that people who don’t want charters tell municipalities could happen,” he said.

Attorney Wade Vose is a partner in the law firm that serves as the city attorney for Anna Maria and his fields of expertise include county charters. Vose did not attend Tuesday’s meeting, but he watched the charter discussion online.

When contacted by The Sun, Vose disputed Kruse’s claim that only one county charter in Florida takes away the rights of a city. Vose said Alachua, Broward, Charlotte, Columbia, Hillsborough, Orange, Palm Beach, Pinellas, Sarasota, Seminole and Volusia counties are all examples of counties that have adopted county laws that supersede local municipalities’ laws. Vose also noted that he’s represented many of those counties.

“They all have instances where they have declared in their charter that county ordinances preempt municipality ordinances on specific topics, such as land-use regulations and beach regulations,” Vose said.

“Ideally, what I want to look into is a starter charter,” Kruse said during the meeting.
He said a starter charter would initially produce a county government identical to the non-chartered county government that exists today, while also giving the people of Manatee County the framework to make future amendments to it.

Kruse said 40 percent of Manatee County’s voters live in chartered cities. He also said a starter charter could be structured to require at least 60% support from all of the county’s registered voters to later adopt proposed amendments to the starter charter.

Vose disputes that claim. Vose said state law only requires a simple majority – 50% plus one vote – to amend a county charter.

“The Florida Constitution requires that a county charter can only be amended by a majority of the county electorate,” Vose said.

He referenced a First District Court of Appeal case out of Clay County where the court struck down a charter amendment that added a 60% vote requirement for charter amendments because it violated the Florida Constitution.

According to Vose, Polk County is the only Florida county whose charter includes a 60% threshold to adopt a charter amendment. Vose believes Polk County’s 60% threshold violates the Florida Constitution, but he said it’s never been challenged in court.

Kruse encouraged city officials to reach out to him to further discuss their charter concerns.

“I’d rather succeed as a group rather than ram something through myself,” he said.
During the group discussion that ensued, Kruse said there are two ways to place a proposed county charter on the ballot. One method is a citizen-initiated petition drive that requires the signatures of 15% of Manatee County’s registered voters. The second is for the county commission to form an exploratory committee and host public hearings before placing a proposed county charter on a future ballot.

Referencing the Florida Constitution again, Vose said the county commission method would only require the support of four of the seven county commissioners.

City opposition

During the meeting, Palmetto City Commissioner Brian Williams disputed Kruse’s contention that a charter county would not reduce the individual cities’ home rule rights. He suggested an opt-out clause for the cities if the county wishes to pursue a charter for its unincorporated areas only.

County commissioner and former Holmes Beach Mayor Carol Whitmore said, “I’m willing to listen, but I’ve been through it twice. It may not affect the cities now, but it could. Being a former mayor, I can understand where they’re coming from.”

In response to Kruse’s earlier statement, Bradenton City Administrator Carl Callahan noted 60% of the county’s voters do not live in chartered cities.

“We’re not going to get anywhere close to a majority,” he said, of that voting bloc.

As the District 3 County Commissioner, Kevin Van Ostenbridge represents Anna Maria, Bradenton Beach, Holmes Beach, the Manatee County portion of Longboat Key and portions of Bradenton. He also represents the unincorporated areas in Cortez and west Bradenton.

“I would agree with what Mr. Callahan just said. The county is expanding due to urban sprawl. Unincorporated county is what’s growing,” Van Ostenbridge said.

Regarding a county charter, Van Ostenbridge said, “I do worry that this erodes the autonomy of the cities. I would certainly have a fight on my hands if I supported this, so I don’t see myself supporting charter government. You would have people out in Lakewood Ranch ultimately deciding what is best for the residents on Anna Maria Island, and I don’t think that should be the case. Instead of people in Tallahassee deciding, the people in Lakewood Ranch are deciding. You’re trading one master for another,” he added.

Holmes Beach Vice Mayor Jim Kihm said, “I’m unclear as to what the need for a starter charter would be at this particular time. It sounds to me like it’s a solution looking for a problem. If it’s not broken, why do we need to change it?”

Kihm agreed with Williams’ suggested opt-out for the cities.

“I agree with what the other cities are saying. I think you need to remember that municipalities are the grassroots of government,” Bradenton Beach Mayor John Chappie said.

Chappie expressed concerns that future amendments made to a starter charter would eventually chip away at the cities’ home rule rights and their ability to govern at the local level. He noted this already happened when the state Legislature limited local government’s ability to regulate vacation rentals.

“It’s about governing from the bottom up, not from the top down. We get enough of that from Tallahassee and now we have to be on guard because of the county government. We’ve been screwed over before and I don’t want it to happen again. We don’t have to Zoom to talk with our constituents. We just yell over the fence or they catch us at the grocery store,” Chappie said.

Palmetto Mayor Shirley Groover Bryant said, “I’ve been through this before and my opinion on it is a big no. In a time when we need to be working together, this should be kicked to the curb summarily and be done with. This appears to me to be a power grab. Let’s summarily finish this conversation and move on to important issues.”

Bradenton Mayor Gene Brown said, “Whether it’s innocent or not, it’s going to seem like a power grab to us. There’s a lot of opportunity for it to be a power grab down the road. It sounds like there’s an opportunity here to stop this now. Take us (the cities) off the table and the county can have their own discussion.”

District 1 County Commissioner James Satcher’s district includes Parrish and other unincorporated areas.

In defense of Kruse, he said, “If there’s any power he wants to grab, he wants to take it from Tallahassee, not from you all sitting around the table. He wants to see the power that’s there come back to this county. I think that’s a reasonable case that he’s making. The real question is what would the people of Manatee County think? I like the idea of term limits.”

Satcher also said, “Parrish used to be just tomato fields and now there’s a whole lot of people there. There’s a lot of change here and it might be smart to get in front of it. I’m not throwing in one way or another, but I throw in for my fellow commissioner.”

Joining the discussion by phone, East Manatee Fire Rescue Chief Lee Whitehurst said, “Our question would be, does anybody know how this may affect the independent fire districts?”

When no one responded Murphy said, “I don’t see any answers in the room, sir.”

“The fire districts may be concerned if home rule affects that in one way or another,” Whitehurst said.

Post-meeting actions

After the meeting ended, Kruse was asked if he intended to continue his pursuit of a county charter.

“I want to still keep talking about it. I think it’s the right thing to do,” he said.

Kruse said he would reach out to the mayors and the fire districts and would also research the possibility of creating an opt-out clause for the cities.

“I’m not trying to upset the municipalities,” he said.

Kruse was asked if he envisions the county commission pursuing a county charter without the support of the cities.

“I don’t know,” he said, noting he still needed to process the opinions expressed during the meeting.

Unlike some of his mayoral peers, Murphy does not think the charter county discussion is now a dead issue, and he wants to ensure that the city of Anna Maria is prepared to oppose it if needed.

On Wednesday, Murphy sent an email to the Anna Maria commissioners regarding a yet-to-be scheduled virtual meeting that will allow Vose to share his county charter expertise with them and others.

Cortez Bridge replacement starting soon than expected

Cortez Bridge replacement starting sooner than expected

Written by Joe Hendricks on February 8, 2021. Posted in Bradenton Beach, Community News, Cortez, Featured.

Updated Feb. 8, 2021 at 12:15 p.m. – CORTEZ – A new, high-rise Cortez Bridge is coming and it may be sooner than you think.

Florida Department of Transportation officials confirmed that construction on the bridge is now expected to begin during the FDOT’s 2026 fiscal year, which begins on July 1, 2025, and ends on June 30, 2026.

The existing drawbridge, built in 1956, will be replaced by a fixed-span bridge that provides 65 feet of vertical clearance below it. According to FDOT, the current drawbridge provides 17.5 feet of vertical clearance when the bridge is down.

FDOT announced its plans in 2018 to build a fixed-span bridge instead of rehabbing the existing bridge or building a new drawbridge, which would provide 35 feet of vertical clearance when the bridge is down.

During a Bradenton Beach Commission meeting on Jan. 21, Mayor John Chappie said he had learned the Cortez Bridge replacement project was now included in FDOT’s five-year work program.

“That kind of surprised me. I didn’t think it would happen for another 10 years,” Chappie said.

When contacted by email last week, FDOT Communications Specialist Brian Rick said the bridge construction project will be awarded to a contractor at some point during the second half of 2025, with construction of a new bridge to begin several months later. Rick said construction will start during FDOT’s 2026 fiscal year and funding for the state project is expected to be in place at that time.

He noted the anticipated bridge replacement project cost originally was $66.5 million.
“As a caveat, $66.5 million is the present-day cost, but with inflation, it will be $76 million by 2026,” Rick said in an email.

Rick said FDOT plans to submit its Phase II bridge construction design plans sometime around August.

The bridge replacement timetable was referenced in the presentation that L.K. Nandam, district secretary for District One of the Florida Department of Transportation, provided during the Sarasota Chamber of Commerce’s quarterly State of Community series event on Jan. 27.

Nandam’s virtual presentation also said the Cortez Bridge project would start during FDOT’s 2026 fiscal year. His presentation noted that the Anna Maria Bridge on Manatee Avenue, which is also a drawbridge, is currently slated for replacement between fiscal years 2027 and 2032.

Bridge aesthetics

The Cortez Bridge replacement project was discussed at the FDOT Bridge Aesthetics Committee’s virtual meeting on Jan. 20.

According to a Jan. 28 committee meeting summary prepared by Laura Turner, of Laura Turner Planning Services, “The Florida Department of Transportation has begun design plans for the Cortez Road bridge replacement.”

The Bridge Aesthetics Committee allows local citizens to participate in the design process.

Cortez resident and Bradenton Beach property owner Connie Morrow, Jeff Vey, of the Bridgeport condominiums in Bradenton Beach, and Ann Marie Nicholas, owner of the Room with a Hue retail business in Bradenton Beach, participated in the Jan. 20 committee meeting.

They were joined by Turner, FDOT Transportation Manager Roxann Lake, FDOT staff member Kaylene Johnson, consulting project manager Doug Hershey, and Adrian Moon from the WSP transportation and infrastructure services firm.

Chappie is a committee member but he was unable to attend the recent meeting, as were fellow members Joe Rodgers, Karen Bell, Mike Bazzy and Joe Adoma.

The design and aesthetics of the bridge pillars were discussed during the recent committee meeting. Pillar design options range from two or three thin concrete pillars with simple design lines to thicker pillars that feature brick surfaces and double arches. The meeting summary does not indicate that any final decision was made regarding pillar design.

Continued opposition

FDOT is moving forward with its bridge replacement plans despite continued public opposition and a 2019 legal challenge by former Manatee County Commissioner Joe McClash, former Manatee County Commissioner and Cortez resident Jane von Hahmann, Cortez residents Linda Molto and Joe Kane, the Florida Institute for Saltwater Heritage, the Cortez Historical Society and the ManaSota-88 organization.

In that 2019 challenge, the fixed-span opponents filed a petition that named FDOT as the respondent. The petition stated that all of the petitioners would have their substantial interests negatively affected by replacing the existing drawbridge with a higher, fixed-span bridge.

The petition claimed that the tall bridge would negatively impact the maritime culture and fishing industry in the historic village of Cortez. It also stated a fixed-span bridge would impact environmental, aesthetic, cultural and natural resources and the use of the navigational waters near the Cortez Bridge for vessels whose masts or superstructures exceed 60 feet.

The petitioners asserted the proposed replacement bridge would negatively impact the quality of life, environment, financial well-being, mobility and preservation of Cortez. They also said a fixed-span bridge would create dangerous intersections at offsetting streets and pedestrian crossing areas, while also increasing noise, dividing the community with a wall-like structure and changing the overall aesthetics of Cortez.

These and other opponents of the 65-foot vertical clearance bridge have repeatedly expressed support for a new drawbridge that offers 35 feet of vertical clearance.

FDOT dismisses objections

On April 23, 2018, FDOT issued a press release regarding its bridge design decision.

“A fixed bridge is resoundingly the best financial investment for taxpayers. The initial construction cost, including design and construction, saves approximately $23.9 million compared to a new mid-level drawbridge. Over the 75-year life of the bridge, the fixed bridge also saves approximately $11.2 million in operating and maintenance costs compared to the drawbridge.

“The new bridge will be designed and constructed to modern standards that will improve the safety of the bridge and will include enhanced pedestrian and bicycle features, including two 10-foot sidewalks separated from the roadway by a traffic barrier which will enhance safety and overall recreational opportunities,” according to the press release.

In 2018 FDOT released a series of renderings that illustrated what the new bridge and bridge approach areas were expected to look like. One rendering showed an auxiliary ramp coming off of Cortez Road that would provide access to the businesses and residences on and around 127th Street West, including Tide Tables, Annie’s Back & Tackle, the Seafood Shack and more.

Cortez Bridge slated for construction in 2026-27

Cortez Bridge slated for construction in 2025-26

Written by Joe Hendricks on February 3, 2021. Posted in Archives.

Updated Feb. 5, 2021 at 5:21 p.m. – CORTEZ – Construction on a new, 65-foot-tall fixed span Cortez Bridge is now expected to begin during the Florida Department of Transportation’s (FDOT) 2026-27 fiscal year.

FDOT’s fiscal year 2026-27 begins on July 1, 2025 and ends on June 30, 2026.

During the Jan. 21 Bradenton Beach Commission meeting, Mayor John Chappie said that at the previous day’s Island Transportation Planning Organization (ITPO) meeting, an FDOT representative informed ITPO members that FDOT was able to include the Cortez Bridge construction project in its five-year work program.

“That kind of surprised me,” Chappie told the city commission. “I’m going to look further into that because it kind of surprised us. I didn’t think it would happen for another 10 years.”

When contacted by The Sun this week, FDOT spokesperson Brian Rick confirmed Chappie’s statement in an email.

FDOT plans to submit its Phase II bridge construction design plans later this year, in or around August, according to Rick.

Construction should begin in fiscal year 2026, Rick wrote in an email on Tuesday, adding that funding is expected to be available at that time.

The original anticipated bridge replacement project cost was $66.5 million.

“As a caveat, $66.5 million is the present-day cost, but with inflation, it will be $76 million by 2026,” according to Rick’s email.

FDOT continues to move forward with its bridge replacement plans despite continued public and legal opposition from a group that includes former Manatee County Commissioner Joe McClash, former Manatee County Commissioner and Cortez resident Jane von Hahmann, Cortez residents Linda Molto and Joe Kane, the Florida Institute for Saltwater Heritage, the Cortez Historical Society and ManaSota-88.

These and other opponents of the 65-foot-tall fixed-span bridge have repeatedly expressed support for a new 35-foot-tall drawbridge to replace the existing drawbridge instead.

On April 23, 2018, FDOT issued a press release regarding its then-recent bridge design decision.

AMI Privateers invade City Hall

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

BRADENTON BEACH – The Anna Maria Island Privateers staged a friendly fundraising invasion of Bradenton Beach City Hall Friday evening.

The invading Privateers captured City Commissioner Jake Spooner inside city hall and shackled him to the mast of the Skullywag – the Privateer’s 65-foot pirate ship-themed vehicle that dropped anchor in the City Hall parking lot.

For good measure, the ransom-seeking Privateers also snatched City Attorney Ricinda Perry and Commissioner Jan Vosburgh.

In her quest for freedom, Vosburgh was forced to turn over a ceremonial key to the city and proclaim Friday, Jan. 8 as Privateers’ Day in Bradenton Beach.

Mayor John Chappie and the city commissioners were given advance notice of the pending invasion during Thursday night’s commission meeting. Armed with a plastic sword, Chappie put up a valiant but short-lived fight to prevent the Privateers from storming city hall Friday evening in search of Spooner.

In response to the ransom demands that Privateer Liaison Officer Tim “Hammer” Thompson announced from the foredeck of the Skullywag, Spooner, Perry, Chappie and the assembled citizens ponied up $650 in donations to free the captured city officials. The money raised during the ceremonial invasion will assist the Privateers’ ongoing efforts to provide scholarship assistance to local college students.

Standing aboard the Skullywag, and joined by additional chamber representatives for a ribbon-cutting ceremony, Anna Maria Island Chamber of Commerce President Terri Kinder presented the Privateers with a proclamation that provides the Island-based non-profit organization with the authority to pillage and plunder their way about the Island during their year-long 50th anniversary celebrations.

Friday’s festivities concluded with the Privateers inviting those present to join them in the celebratory sharing of snacks, grog and champagne. The Privateers then boarded the Skullywag and sailed over to the Drift In to continue their marauding ways.

Conducted entirely in the spirit of fun, fundraising and celebration, the theatrical invasion of City Hall was planned well in advance of the real-life events that unfolded at the U.S. Capitol building in Washington D.C. earlier in the week. Similar fundraising invasions are being planned on the government fortresses in Anna Maria and Holmes Beach.

Thieves Market returns

Taking place in a new location this year, the Privateers’ seasonal Thieves Market will kick off at the G.T. Bray Recreational Center, 5502 33rd Ave. Drive W. in Bradenton, on Saturday, Jan. 16 from 8 a.m. until 3 p.m.

The Thieves Market’s traditional Coquina Beach location is not available this season due to drainage, stormwater and landscaping improvements taking place there.

Thieves Market offerings will include pre-owned treasures, handmade jewelry, apparel, sporting goods, antiques, food trucks, baked goods, fresh vegetables, a kids’ zone, live music and much more.

The monthly pirate-style flea markets will continue on Saturday, Feb. 20, Saturday, March 20 and Saturday, April 17. Market admission is free for shoppers. Market vendors pay $50 per market date to secure a 12×25-foot vending space. Larger spaces also are available.

If you’d like to hawk your wares at the Thieves Market, please contact Kim “Syren” Boyd at 931-639-0986 or reserve your space online at the Privateer’s website, www.amiprivateers.org.

The proceeds raised at the Thieves Markets will assist the Privateers’ ongoing mission of “Pirates for kids and community.”

Scholarship fundraising party

Replacing the Privateers’ Christmas party that was postponed in December, the Privateers will host a scholarship fundraising party at the Drift In in Bradenton Beach at 5 p.m. on Saturday, Jan. 30. The fundraising efforts will include the infamous ‘Lotto Board’ raffle that earns the winner a $100 bill and $300 worth of scratch-off lottery tickets that could be worth a pirate’s fortune.

Beach renourishment staging area concerns addressed

Written by Joe Hendricks on October 26, 2020. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – Gulf View condominium residents and rental owners Yvette and Harry Abrahamson say they appreciate the beach renourishment efforts, but they had been concerned about a staging area that was finally relocated on Friday.

The Abrahamsons own two condos at 104 Gulf Drive S.; they live in one unit and use the other as a vacation rental. According to Yvette, a staging area containing several unused pipes had been sitting on the beach in front of their condos since Oct. 5.

Until Friday, the pipes, staging area and temporary plastic fencing impeded beach access for Gulf View residents and rental guests. The Abrahamsons said this resulted in recent rental guests requesting and receiving partial refunds.

The couple recently emailed representatives of the U.S. Army Corps of Engineers and Manatee County in hopes of getting the staging area relocated to a less impactful area. They also emailed their concerns to Bradenton Beach Mayor John Chappie.

The $17 million beach renourishment project is being conducted by the Army Corps of Engineers with an anticipated completion date of Oct. 31. Construction began on July 8 at 78th Street in Holmes Beach and continues to move toward Longboat Pass in Bradenton Beach. Along the way, the threat of hurricanes stalled the project more than once, causing impacts to property owners, including the Abrahamsons.

In mid-October, the couple asked the Corps to move the pipes that blocked beach access for their renters.

When contacted by The Sun on Oct. 19, Corps spokesman David Ruderman said the pipes remained longer in one place than planned because the work was slowed by the three erosion control groins near the Abrahamsons’ condos.

“Once they get past the groins they will move more rapidly and shrink the staging area for the pipe sections more quickly,” Ruderman wrote.

Ruderman noted the project contractor, Marinex Construction Inc., was trying to accommodate impacted residents and had installed a sand ramp over the pipes near the Beach House restaurant to accommodate a wedding ceremony.

“Despite the delays and other obstacles, the beach construction is still tracking to be complete by the first week of November, possibly a bit earlier,” Ruderman said.

On Oct. 19, Harry Abrahamson asked Ruderman to install a sand walkover bridge across the pipeline in front of the Gulf View condos.

“I feel our LLC business should be afforded the same kindness of consideration as the Beach House business,” Abrahamson noted in his email.

The requested sand walkover was installed last week.

Mayor’s assistance sought

On Thursday, Oct. 22, the Abrahamsons attended a special city commission meeting and asked the mayor and commission for assistance.

They were joined at Thursday’s meeting by Joel Werginz and his wife, Denise Taylor. Werginz and Taylor own a condo in the Sandcastle condominium complex to the south. Werginz said their condo is primarily used as a vacation rental but they sometimes stay there when it’s not rented, which was the case last week.

Yvette Abrahamson addressed the commission first.

“I would like to say how great the beach renourishment looks and I appreciate the hard work involved by all. That said, I do have a complaint. Our building has had the beach blocked for 21 days. We were informed before the project started that it would take about three days in each location. We also understood that Hurricane Delta caused the work to be paused for four days in front of our condos,” she said.

“The issue is that when they completed the work in this area, they decided to make it a staging area. Pipes have been sitting there blocking access to the walkover for two weeks now. The Beach House was able to get their requested walkover for weddings, but our building has lost revenue for three weeks’ worth of guests. Our next arrival is Friday and I can’t believe we’ll be headed into a fourth partial refund,” she said.

“I’ll look into it. I promise. It’s a county project. I will see what I can find out and get back with you,” Chappie responded.

“We’ve called everyone and all we’re asking for is one section in front of Gulf View to be moved to the south,” Harry Abrahamson told the mayor and commission.

Werginz said the Sandcastle condos were not as impacted as the Gulf View condos, but guests and residents still had to walk around the pipes to access the beach.

“Earlier this week, they put those berms over the long pipe, which we understand is needed, but why can’t these guys move these pipes 100 yards further south where there would be no financial impact?” Werginz asked.

Werginz noted the staging area was negatively impacting vacation rental owners whose taxes help fund beach renourishment. He also expressed concern about rental guests having a bad vacation experience.

Situation resolved

On Friday afternoon, the Abrahamsons told The Sun the staging area and temporary fencing had been removed and all that remained was the main pipe still in use.

“We thank everybody, including Mayor Chappie, who helped get the staging area relocated. If we hadn’t gone to the commission, I don’t think this would have happened,” Yvette said. Werginz sent a similar text expressing appreciation for the relocation efforts.

When contacted Sunday, Chappie explained that in response to the condo owners’ concerns, he asked Lt. John Cosby from the Bradenton Beach Police Department to speak directly to the renourishment crew.

“I didn’t have to go any further than that,” Chappie said. “They realized there was a problem when we approached them directly and they didn’t have a problem moving the staging area. I’m pleased with the cooperative effort. It’s always nice to start at the local level first. That’s why we’re here.”

Chappie said he also reached out to the condo owners to let them know the staging area would be relocated.

Face coverings remain mandatory in Bradenton Beach

Written by Joe Hendricks on August 7, 2020. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – After a tie vote by the Bradenton Beach City Commission, face coverings remain mandatory inside Bradenton Beach businesses in accordance with Manatee County’s mandatory face-covering resolution.

Thursday evening, city commission members voted 2-2 on a proposed city ordinance that would have made face coverings optional but mandated that businesses post signs recommending face coverings.

The tie vote resulted in the proposed ordinance not being adopted, leaving the city still subject to the county face-covering resolution adopted by a 4-3 vote of the Manatee County Commission on July 27.

According to the county resolution, “An individual in a business establishment must wear a face covering.”

The county resolution includes exemptions for those who can maintain 6 feet or more of social distance inside a business, for children under 6 and for those with breathing issues or pre-existing medical conditions.

The county resolution does not apply in cities that adopted local face-covering mandates, including Anna Maria and Holmes Beach.

The county resolution is now being challenged in court by Pastor Joel Tillis and State Rep. Anthony Sabatini (R-Lake County).

The proposed Bradenton Beach emergency ordinance was modeled after the emergency ordinance adopted by the Bradenton City Council on July 15.

Bradenton Beach Mayor John Chappie and Commissioner Marilyn Maro supported the adoption of the proposed emergency city ordinance, which would have resulted in the city essentially opting out of the county’s face-covering mandate because the city ordinance would have superseded it.

Commissioners Jan Vosburgh and Jake Spooner opposed the city ordinance and chose instead to stay in line with the county resolution.

Commissioner Ralph Cole previously expressed opposition to the county resolution, but he was unable to attend Thursday’s meeting due to a family emergency.

Chappie was the only commission member who attended Thursday’s meeting in person. Maro, Spooner and Vosburgh participated remotely, as did City Attorney Ricinda Perry.

Proposed ordinance

Two days earlier, during the Tuesday, Aug. 4 emergency special commission meeting, the commission, minus Vosburgh, who was absent, directed Perry to draft an emergency ordinance modeled after the city of Bradenton’s emergency ordinance.

During Tuesday’s meeting, Perry said he had legal concerns about the county resolution and questioned its constitutionality.

Modeled after the Bradenton ordinance, the proposed Bradenton Beach ordinance presented Thursday evening said, “Each business establishment shall post a sign visible at each public point of entry, which sign shall either advise persons entering that face coverings are required or requested to be worn within the business establishment; or notify persons entering that the United States Center for Disease Control and Prevention recommends the wearing of face coverings in public, particularly where social distancing cannot be maintained.”

Perry inserted additional language that said, “Notice shall also be provided that states that individuals with a religious, physical or mental limitation preventing them from wearing a face covering are exempt.”

Using language contained in the Bradenton ordinance, the proposed ordinance said, “The legislative intent of this ordinance is to educate and encourage members of the public to wear face coverings within enclosed business establishments. Nothing contained herein shall be construed to mandate the wearing of face coverings nor require the owner or operator of any business establishment to mandate or otherwise enforce the wearing of face coverings.”

Commission discussion

“Its purpose and intent is to do the least intrusive means that has not been legally challenged,” Perry said of the proposed ordinance.

She noted the Manatee County Sheriff’s Office and the local law enforcement agencies are responsible for enforcing the county resolution.

County face covering resolution remains in effect in Bradenton Beach — City Attorney Ricinda Perry has legal concerns regrading the county resolution. – Joe Hendricks | Sun

“The Bradenton ordinance takes that onus off the police officer and places it on those who are engaging in business. They need to be the ones who are policing the masks. It’s a bit of a friendlier approach towards the mask policy, as opposed to the Manatee County mandate,” Perry said.

“It’s mandating that businesses place mask notices on all of their locations, but it allows the business owner to decide whether or not they want to make that a mandate of their store or not,” Perry clarified in response to a question posed during public input.

Vosburgh referenced the 4-1 commission consensus reached during the commission’s emergency meeting on July 28. With Cole in opposition, the majority consensus reached that day was to not take any action and remain under the umbrella of the county resolution.

“Frankly, I was very surprised we put this on the agenda because we just voted on this a week ago. With what’s going on in Bradenton Beach, I reluctantly have to vote again to go along with the county,” Vosburgh said.

Spooner asked Lt. John Cosby if the city’s police officers had encountered any problems or confrontations since the county resolution took effect.

“No, we haven’t had any reported problems up to this point,” Cosby replied.

“I’d like to just stay in line with the county if there hasn’t been any problems with enforcement,” Spooner said. “I don’t want to have the businesses and their employees get in confrontations with people. Right now, it’s real easy for the employees to say, ‘It’s the law,’ and that kind of ends any confrontation.”

Chappie then made his motion to adopt the proposed city ordinance. After the tie vote occurred, Perry said the commission could continue the matter until next week, when Cole would be present to serve as the tie-breaker. Chappie made that motion and Maro seconded it, but Vosburgh and Spooner opposed the continuation and the motion failed as the result of another 2-2 vote.

The county resolution can be viewed and downloaded at the county website.

Related coverage:

Bradenton Beach may opt out of county face covering resolution

Pastor and state representative challenge county mask mandate

County commission adopts mandatory mask resolution

Bradenton Beach to opt out of county face covering resolution

Bradenton Beach may opt out of county face covering resolution

Written by Joe Hendricks on August 4, 2020. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – The Bradenton Beach City Commission has directed City Attorney Ricinda Perry to draft an emergency face-covering sign ordinance that would allow the city to opt out of the Manatee County face-covering resolution now being challenged in court.

The commission issued this directive during this morning’s weekly emergency special city commission meeting. The emergency ordinance will be presented for commission approval during the commission’s regular meeting on Thursday, Aug. 6, which starts at 6 p.m.

Soon after the emergency meeting concluded, Perry emailed the mayor and commissioners copies of the emergency ordinance to be voted on Thursday.

Using the same language as the Bradenton ordinance, the Bradenton Beach ordinance says, “Each business establishment shall post a sign visible at each public point of entry, which sign shall either advise persons entering that face coverings are required or requested to be worn within the business establishment; or notify persons entering that the United States Center for Disease Control and Prevention recommends the wearing of face coverings in public, particularly where social distancing cannot be maintained.”

Perry inserted additional language that says, “Notice shall also be provided that states that individuals with a religious, physical or mental limitation preventing them from wearing a face covering are exempt.”

Using the same language as the Bradenton ordinance, the Bradenton Beach ordinance also says, “The legislative intent of this ordinance is to educate and encourage members of the public to wear face coverings within enclosed business establishments. Nothing contained herein shall be construed to mandate the wearing of face coverings nor require the owner or operator of any business establishment to mandate or otherwise enforce the wearing of face coverings.

According to Perry, the city ordinance would take effect Friday if adopted.

Under the county resolution – which states, “An individual in a business establishment must wear a face covering,” – Bradenton Beach business owners, employees and patrons are required to wear masks in businesses because the city has no official policy on the matter and the city lies within the county. However, if the city ordinance is adopted Thursday evening, the county resolution will not apply and masks will become optional within the Bradenton Beach city limits.

The county resolution provides exceptions for those who can maintain 6 feet or more of social distancing inside a business, for children under 6 years old and for those with breathing issues or pre-existing medical conditions.

A first offense of the county resolution warrants a written warning. The second offense could result in a $50 fine, with a $125 fine for a third offense and a $250 fine for subsequent offenses.

Commission discussion

Mayor John Chappie initiated Tuesday morning’s discussion about adopting an ordinance based on the Bradenton ordinance. He noted the county resolution is being challenged in court and he said he spoke with Perry on Monday about possibly opting out of the county requirements.

“Since we had no resolution on the record, we are automatically part of the umbrella resolution the county has adopted. I know a lot of people are really happy with the resolution the city of Bradenton has done, which has basically accomplished the same thing,” Chappie said.

He then asked Perry to share her thoughts.

“As far as the county resolution goes, I already had a number of legal concerns,” Perry said.

Perry said Chief Assistant County Attorney Bill Clague solicited insight from the city attorneys within Manatee County on Friday afternoon before the resolution was presented to county commissioners on Monday, July 27. The divided county commission then adopted the resolution by a 4-3 vote.

“I stated that I had objections with the fact that the county was usurping the authority of the city and acting as a charter county. We are not a charter county. The cities should not have been part of that process and it concerned me for future precedent,” Perry said.

“I also had concerns with due process in that particular resolution. The resolution itself did not provide for any appeal. The issue of due process is still outstanding in my mind. You need to be able to appeal a penalty that is filed against you and there’s just no mechanism to do that. That is a violation of your procedural due process in my opinion,” Perry said.

Perry said she reached out to Bradenton City Attorney Scott Rudacille and he provided her with a copy of Bradenton Emergency Ordinance 3067.

“As the mayor articulated, it gets you to the same place the county is, but it’s a document that’s not being challenged in court. If that challenge is successful, that resolution goes away and there is absolutely nothing on the books,” Perry said.

Bradenton Beach Police Lt. John Cosby mentioned a previous discussion he and Chappie had about the Bradenton ordinance.

“The discussion you and I had was that if we ever did choose to adopt an ordinance that would be the one to go with, because it does achieve every goal they’re trying to get to, but it does it in a more educational way and a friendlier way than what we’re currently doing,” Cosby said.

Commissioner Jake Spooner asked Perry to provide a quick summary of the differences between the county resolution and the Bradenton ordinance.

“The city of Bradenton’s mechanism for encouraging enforcement is much friendlier and it encourages compliance. It’s not a mandate to the citizenry to put masks on their face. It’s a mandate to the business community that any business must post a sign at their business location encouraging the use of masks. If you fail to post a sign you can be penalized, and that’s where it stops. It encourages compliance, with businesses being a partner in educating the public, as opposed to using police officers to go around and confront individuals in the public and fining them,” Perry said.

Related coverage:

Pastor and state representative challenge county mask mandate

County commission adopts mandatory mask resolution

Bradenton Beach City Commission now recommends masks

Written by Joe Hendricks on July 14, 2020. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – The Bradenton Beach City Commission now recommends, but does not require, that masks or face coverings be worn in Bradenton Beach.

The Bradenton Beach Commission engaged in its first public mask/face covering discussion during its weekly special emergency city commission meeting this morning.

During the meeting, Mayor John Chappie and Lt. John Cosby, from the Bradenton Beach Police Department, also expressed concerns about an ad that recently appeared in the Miami Herald encouraging people to come to Anna Maria Island.

Mask discussion

The mask discussion was inspired by public comments made by resident Connie Morrow.

“One of the things I’ve noticed is that the commission has not discussed wearing masks. I would appreciate it if the members of the commission would discuss the pros and cons of wearing masks – or putting out a strong recommendation for people to wear masks in Bradenton Beach, especially given the continued increase (in COVID-19 cases). I’d like to know what your thinking is,” Morrow said.

Vice Mayor Jake Spooner responded first.

“Thank you, Mrs. Morrow. I know it’s a touchy subject for some. It’s not for me. I would definitely do what you’re saying – that we highly recommend everyone wear a mask. I know there’s certain issues with enforcement and things along that line, and I’m sure everybody has their own opinions and views on it, but I highly recommend everyone visiting or living in the city of Bradenton Beach please wear a mask and please follow all CDC and WHO guidelines. That’s the best we have to try and get control of the situation,” Spooner said.

Commissioner Jan Vosburgh held a slightly different view.

“From what I see, everybody is wearing masks. I don’t see people not wearing masks at the Publix. I still feel we should go by the county and the state, whatever they recommend,” she said.

Mayor John Chappie spoke next.

“I agree with Connie. I like the idea of the strong message. I think the program the county is starting, ‘Mask Up Manatee,’ is sending out a strong message,” he said.

Chappie said the city should put out a similar message, and he and City Clerk Terri Sanclemente could put together a public service announcement along those lines. He also said the Mask Up signs, when received from the county, will be distributed to Bradenton Beach businesses.

Chappie also suggested placing a mask message banner at the entrance to the city, at the west end of the Cortez Bridge.

Chappie noted one-third of the city consists of county-owned beaches (and boat ramps) and that attracts a lot of visitors who drive in from Hillsborough County and Polk County.

“Anything we can do to try to get them to be personally responsible is important,” Chappie said.

Spooner said he likes the “Mask Up” catchphrase because it’s short and catchy.

Commissioner Marilyn Maro said she liked Morrow’s suggestion about issuing a city recommendation. Maro said she’s observed many people in Bradenton Beach wearing masks, but she’d like to see the vacation rental management companies provide their guests with a written message that encourages them to wear masks when they are out in public.

Commissioner Ralph Cole then shared his view on masks.

“I believe that there are certain situations that you should mask up, especially people that are more susceptible and have the underlying conditions,” he said. “Everybody that needs to wear a mask should wear a mask and protect yourself.”

Cole said he would like the public service announcement to encourage the proper disposal of disposable masks.

“Encourage people not to throw masks on the beach and on the ground, leaving a contaminated mask laying around. I’m finding several masks every day dug into the sand,” he said.

Chappie said he’s seen a lot of discarded masks lying around too.

Regarding the coronavirus and the city’s response, Cole said, “It’s out there. It’s something we’re going to have to live with. We should not go above what the CDC does, what the state recommends and the county.”

Lt. John Cosby, from the Bradenton Beach Police Department, said the city has three sandwich board signs that could be placed along Bridge Street with new inserts that encourage people to wear masks.

Bradenton Beach City Commission now recommends masks — Visitors to Bradenton Beach City Hall are required to wear masks or face coverings. – Joe Hendricks | Sun

Governor’s essential services order now in effect

Governor’s essential services order in effect

Written by Joe Hendricks on April 4, 2020. Posted in Anna Maria Island, Community News, Featured.

ANNA MARIA ISLAND – The executive order that Gov. Ron DeSantis issued Wednesday pertaining to essential businesses and services is now in effect.

“All persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities,” according to Executive Order (EO) 20-91.

Issued in response to the coronavirus (COVID-19) pandemic, the governor’s emergency order took effect at 12:01 a.m. on Friday and will remain in effect until April 30, unless canceled or extended by the governor.

The governor’s order left city and county governments with approximately 36 hours to interpret the order and figure out how to comply with it and enforce it.

Section 2 of the governor’s order includes the header “Safer at Home” and sets forth which businesses are essential and allowed to remain open and which businesses are non-essential and must remain closed while the order remains in effect.

“Essential services means and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce and any subsequent lists published,” according to EO 20-91.

The Department of Homeland Security guidance can be found at the agency’s website.

“Essential services also include those businesses and activities designated by Executive Order 20-89 and its attachment which consists of a list propounded by Miami-Dade County in multiple orders,” EO 20-91 says.

Miami-Dade County’s list of essential and non-essential businesses can be viewed at the county website.

The directives issued by Miami-Dade County Mayor Carlos Gimenez took effect in Miami-Dade County on Thursday, March 19.

According to Bradenton Beach Mayor John Chappie and Lt. John Cosby of the Bradenton Beach Police Department, the city of Bradenton Beach will use the Miami-Dade County order as its essential/non-essential guidelines. Cosby is the city’s emergency operations manager.

Section 3 of EO 20-91 includes the header “Essential Activities” and says, “For purposes of this order and the conduct it limits, ‘essential activities’ means and encompasses the following:

Attending religious services conducted in churches, synagogues and houses of worship;
Participating in recreational activities – consistent with social distancing guidelines – such as walking, biking, hiking, fishing, hunting, running or swimming:
Taking care of pets;
Caring for or otherwise assisting a loved one or friend.”

EO 20-91 says, “A social gathering in a public space is not an essential activity. Local jurisdictions shall ensure that groups of people greater than 10 are not permitted to congregate in any public space.”

It also says, “Other essential activities may be added to this list.”

Bradenton Beach compliance

On Thursday afternoon, Chappie and Cosby discussed Bradenton Beach’s plans to comply with EO 20-91.

“Bradenton Beach is showing a united front with Manatee County, with one set of rules for all. Bradenton Beach is using the Miami-Dade County guidelines set forth in the governor’s order,” Chappie said.

“According to our discussion yesterday, we are using the Miami-Dade County order. It’s a lot clearer than the federal list,” Cosby said.

Cosby was referring to the discussions that took place at Wednesday’s emergency management policy meeting. City and county officials now engage in these policy meetings regularly, sometimes daily, via conference call.

What’s in a name?

Chappie and Cosby were asked if they considered Executive Order 20-91 to be a lockdown order, as some media reports have reported.

“No, not even close,” Cosby said.

“No,” Chappie added.

They also said they didn’t consider EO 20-91 to be a stay-at-home order.

When asked how they refer to the order, Cosby and Chappie both said, “Governor’s Executive Order 20-91.”

Non-essential and essential businesses

According to the Miami-Dade County order, businesses that must close include arts and craft supply stores: barbers, beauty salons and nail studios; bookstores; casinos; clothing boutiques; indoor amusement parks, driving ranges; jewelry stores; malls; music supply stores; pawn shops; social clubs, tennis clubs and golf courses; fishing charters; souvenir stores; spas; sporting goods stores; tutoring centers; music classes; toy stores and children’s stores.

“All medical facilities, doctors’ offices, and airlines will remain open,” the Miami-Dade order says.

Businesses that can remain open according to the Miami-Dade County order include architectural, engineering and landscape services; assisted living facilities, nursing homes, adult day care centers and senior residential facilities; banks; businesses that interact with customers solely through electronic or telephonic means; business operating at any airport, seaport or other government facility; childcare facilities limited to a maximum of 10 children and teachers in any one group; construction sites currently in operation, regardless of building type; convenience stores; factories, manufacturing facilities, bottling plants and other industrial sites; food cultivation, including farming, livestock and fishing; gas stations; grocery stores; hardware stores; home-based care for seniors, adults or children; landscaping and pool services; laundromats; logistics providers; mail and shipping services; natural and propane gas providers; newspapers, TV, radio and media services; pet supply stores; pharmacies; professional services, such as legal and accounting services; restaurant kitchens – for pick-up and delivery only; services providing food, shelter, social services and other necessities for the economically disadvantaged; taxis and private transportation providers; telecommunications providers and waste management service, including collection and disposal.

“Today and tomorrow, I’ll be going around to the businesses that don’t meet the criteria and letting them know that they don’t meet the criteria. In Bradenton Beach, most of those businesses have already closed,” Cosby said.

“The businesses that are not compliant will be given a verbal warning. They’ll be educated that they are not an essential business, and if need be will be provided with a copy of the governor’s order. The second offense will be a summons to appear, which will include a citation. The third offense will be a physical arrest, and so would any violation after three offenses,” Cosby said.

Beach closures?

Chappie and Cosby were asked if EO 20-91 impacts the public beaches in Bradenton Beach that were ‘closed’ by the county’s emergency order on March 20. The county order resulted in the public parking lots at Coquina Beach, Cortez Beach and Manatee Beach being closed, but the Island’s law enforcement officials still allow groups of 10 or less on the beach – and those groups must maintain a six-foot distance from others.

“The county order stands as it is,” Chappie said. “We’re having good compliance with the order. Our police department is continually monitoring the situation out on the beaches. We really have had no problems whatsoever,” Chappie said.

Construction sites

“Our building department has some protocols they’re following too with regards to building permits, inspections and things like that – and that will be posted online at the city website,” Chappie said.

“Anything that has to do with construction is still considered essential. They have to have less than 10 people on-site and they have to maintain the six-foot distance,” Cosby said.

Vacation rentals

Cosby believes DeSantis will extend EO 20-87 – the order he issued on March 27 that prohibits new vacation rental guests from checking in until the order expires after 14 days.

“With the governor enacting this order (20-91) and extended this order to the end of the month, I’m feeling pretty confident he’s going to extend that order (20-87) also. One without the other doesn’t make a lot of sense,” Cosby said.

Cosby said businesses that rent golf carts, scooters, bicycles and other mobility devices are not considered essential.

“There’s nothing there that allows that,” he said.

Regarding incoming flights that bring more people to the Island, Cosby said, “The airlines are not doing flights from certain areas. We heard from the airport today. For March traffic, they were at 5%.”

Cosby said the Bridge Street Pier remains open, but social distancing requirements must be followed.

Anna Maria’s response

On Thursday, Anna Maria City Attorney Becky Vose provided her responses to questions also posed to Chappie and Cosby.

As to whether she considers EO 20-91 a lockdown order, a stay at home order or a safer at home order, Vose said, “I am not aware of any legal definition of any of those terms. The order does what it says it does – nothing more, nothing less. We are referring to the order as EO 20-91.”

The city of Anna Maria also has a plan to comply with Executive Order 20-91. – Joe Hendricks | Sun

Vose said the order’s impact on the city of Anna Maria’s beaches was “to be determined.”

Regarding essential and non-essential businesses and services, Vose said, “Although not crystal clear, E.O. 20-91 provides guidance as to which businesses are non-essential. Enforcement is to be determined.”

Vose said the city of Anna Maria would use the Department of Homeland Security’s guidance and the Miami-Dade County order to determine essential and non-essential businesses and services.

Vose shared Cosby’s belief that DeSantis would likely extend the vacation rental check-in prohibitions contained in EO 20-87 to coincide with the April 30 expiration date of E.O. 20-91.

Manatee County beaches remain open

Written by Joe Hendricks on March 18, 2020. Posted in Archives.

ANNA MARIA ISLAND – As of this evening, there were no plans to close Manatee County’s public beaches on Anna Maria Island.

Sarasota County beaches also remain open as of tonight.

This afternoon, the city of Tampa announced its public beaches were closing tonight at sunset. This evening, the city of Clearwater announced it was closing its public beaches on Monday, March 23.

On Anna Maria Island, Manatee County’s public beaches are the Manatee Public Beach in Holmes Beach and Coquina Beach and Cortez Beach in Bradenton Beach. The county also maintains Bayfront Park, which is owned by the city of Anna Maria.

There are also numerous public beach access points along the Gulf of Mexico coastline, many of which are located at city street ends in Anna Maria, Bradenton Beach and Holmes Beach.

Manatee County’s position on keeping the beaches open was first expressed by County Administrator Cheri Coryea on Monday, March 16, in an email she sent to city and town officials in Manatee County. Coryea also stated the beaches would remain open during the County Commission’s emergency meeting later that afternoon.

Today, the status of the county beaches was discussed by county and city officials during the weekly Emergency Policy Group meeting chaired by Manatee County Public Safety Director Jacob Saur.

After today’s meeting, Coryea distributed a written recap of the meeting. According to Coryea’s recap, Holmes Beach Mayor Judy Titsworth suggested reducing the Manatee Public Beach parking lot to 50 percent capacity – an action that was not taken.

“Holmes Beach Mayor said that today was much better at the beach. All other municipalities agreed,” Coryea’s email recap said.

According to Coryea, an Amber Alert was issued to cell phone users clarifying the social distancing policies included in Governor’s Ron DeSantis’ Tuesday, March 17 Executive Order.

“I direct parties accessing public beaches in the State of Florida to follow CDC guidance by limiting their gatherings to no more than 10 persons, distance themselves by 6 feet and support beach closures at the discretion of local authorities,” the Governor’s executive order said.

Coryea’s email said existing digital message boards would mention the social distancing guidelines and signs would be placed “all over the beach” reminding people about social distancing.

Her email recap said county personnel, as possible, would use four-wheelers to travel up and down the beach using a bullhorn to repeat the social distancing message.

A banner that says, “Make a Difference/Keep a Distance” that would be towed behind a plane flying along the Anna Maria Island coastline was discussed but not implemented.

According to Coryea’s email, there are also no plans to implement a county curfew.

“Not needed yet,” her email said.

Mayor’s suggestions

When contacted this evening, Mayor Titsworth discussed her beach-related suggestions and the conversations that took place at Wednesday’s meeting.

“I was wondering if we should cut the public beach to half capacity parking just to make it so there’s not as many people in such a small area, but that would be a hard thing for the police to enforce because there’s several entrances into the beach,” Titsworth said regarding the Manatee Public Beach in Holmes Beach.

“I was getting complaints that there’s so many people on the beaches. Before the meeting today, I had the Chief (Police Chief Bill Tokajer) go up and down the beach and look for groups larger than 10 and for people staying apart from each other. He was pleasantly pleased that everyone seemed to be in smaller groups, and everyone was keeping their distance. He felt he was comfortable with it,” Titsworth said.

“The café’s already gone to half capacity, so they’re working hard on that,” she said in reference to Governor Ron DeSantis’ executive order ordering all Florida restaurants to reduce their capacity by 50%.

“During the meeting today, I said it looked like it was way better than it was on the weekend, but we have another weekend coming up and we’re going to have to keep monitoring it,” Titsworth said.

“The county wasn’t ready to do anything. John Chappie (the Bradenton Beach mayor) wasn’t ready to do anything. So, we said let’s continue monitoring because every day’s a new day. We also said if we find neighboring beaches are going to start closing – which would draw more people to ours – we’ll have to look at that as well,” Titsworth said.

Regarding the Tampa beaches being closed and the St. Petersburg beaches closing on Monday, Titsworth said, “That’s probably going to have an effect on ours, which is too bad. If people can self-disperse it at least gets them outside, which is healthy. You hate to have everybody trapped in climate-controlled environments, especially with all these kids.”

Anna Maria beaches

On Tuesday, March 17, Anna Maria Mayor Dan Murphy said he had no intentions to close the city beaches. He said the city doesn’t have the resources to enforce city-wide beach closures.

Bradenton Beach candidates win, running unopposed

Written by Joe Hendricks on November 5, 2019. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – Running unopposed, Mayor John Chappie, Commissioner Jake Spooner and former Commissioner Jan Vosburgh each claimed two-year commission terms in a city that had no city elections this year.

Chappie, Spooner and Vosburgh will be sworn in at Bradenton Beach City Hall on Monday, Nov. 18 at 3:30 p.m.

Bradenton Beach candidates win running unopposed — Jake Spooner will serve a third term as Bradenton Beach commissioner. – Joe Hendricks | Sun

Chappie, a former mayor and county commissioner, will be serving his second consecutive current term as mayor after defeating then-Mayor Bill Shearon in 2017.

Spooner, a local business owner, will be serving his third consecutive term as a commissioner. He has run unopposed in each of his three commission campaigns.

Vosburgh will return to the commission after term-limiting out of office three years ago.

As city commission members, Chappie, Spooner and Vosburgh will also serve on the Bradenton Beach Community Redevelopment Agency (CRA) that has several CRA-funded projects in the works and in the planning stages.

Vosburgh will take over the Ward 3 seat currently held by one-term Commissioner Randy White, who opted not to seek reelection. White works as a commercial airline pilot based out of New York and his wife is a Canadian citizen who lives in Toronto – a city he often spends time in while visiting her.

“I’m looking forward to serving the citizens of Bradenton Beach again, joining Mayor John Chappie and the other commissioners. I was a commissioner for six and a half years, so it shouldn’t take long to catch up,” Vosburgh said.

Qualifying determines Bradenton Beach commission winners

Written by Joe Hendricks on September 2, 2019. Posted in Bradenton Beach, Community News.

Incumbent Bradenton Beach Mayor John Chappie, incumbent Commissioner Jake Spooner and former Commissioner Jan Vosburgh are the only candidates to qualify for the three seats up for election in Bradenton Beach.

Now running unopposed, Chappie will serve another two-year term as mayor and Spooner will serve a two-year term as Bradenton Beach’s Ward 1 commissioner when their current terms expire in November.

Running unopposed, Vosburgh will serve a two-year term as the new Ward 3 commissioner, replacing Randy White. White did not seek reelection and his first term in office expires in November.

Commissioners Ralph Cole and Marilyn Maro are not up for reelection until 2020.

John Chappie

Jake Spooner

Jan Vosburgh

County Commission authorizes removal of six Australian pines

Written by Joe Hendricks on June 7, 2019. Posted in Bradenton Beach, Community News.

BRADENTON – Six Australian pines will be removed from the Coquina Beach parking lot for now and a comprehensive project report will be presented to Manatee County Commissioners on Tuesday, June 18.

County Administrator Cheri Coryea provided this update at the beginning of the commission’s Thursday, June 6, land use meeting. Her update pertained to the 102 Australian pines recently slated for removal as part of the county’s two-phase Coquina Beach parking and stormwater drainage project.

“We have an urgent matter we need to address. As you know, we’re reviewing the project of the Coquina drainage. We have received a recent update on some additional trees we may need to remove, but we don’t have all of those details. I’m here this morning to ask the board if we can move forward with removing six trees,” Coryea said.

“In the original plan, there were 30 trees in that area to be removed. We’re just asking for six at this moment. The six trees in question are in the path of the next area of the stormwater drainage that must be put in,” Coryea said.

Five of the six pines being removed are located near the open space and playground at the south end of the beach park. The sixth tree is located further to the north.

Coryea said the Woodruff & Sons construction company is now mobilized and working, and the construction materials are also on-site.

“By doing this, we won’t have to demobilize or move materials. That would cost us a great deal and require us to move some things out in lieu of the June 18 meeting,” Coryea said.

Commissioner Priscilla Trace made the motion to authorize the removal of six trees.

Commissioner Misty Servia asked if those trees were all located in the parking area.

“Yes, and I did confirm they are six Australian pines,” Coryea said. “We’ve made a count, there are 991 Australian pines out at that location – a total of over 1,500 trees that we’ve mapped.”

Commissioner Carol Whitmore asked how much additional delays would cost the county and how it might impact sea turtle nesting season.

“That’s going to be part of your report. If we can allow them to proceed with just those six, we’ll be able to finish that small portion and it will not create a delay until after your June 18th meeting,” Coryea said.

Whitmore also mentioned an email Bradenton Beach Mayor John Chappie sent Coryea and the commissioners requesting the project be redesigned.

Coryea said a complete redesign is “highly unlikely.”

Commissioner Betsy Benac said she would support Trace’s motion but noted the commission needs a full picture of what’s proposed for the entire project.

“A lot of people are very concerned. People love that beach. The six trees is okay, but I’m not committing at all to what will happen. It needs a lot more input,” Benac said.

She also said she asked County Attorney Mickey Palmer to review the Woodruff & Sons contract.

Commissioner Reggie Bellamy said he talked to local businessman Ed Chiles about potential recycling opportunities and he asked if the county plans to reuse the wood from the removed trees.

“It may be an opportunity to take lemons and make lemonade,” Bellamy said.

“That’s a good idea,” Commission Chair Steve Jonsson said.

Jonsson opened the discussion to public comment but there was none – the impromptu tree discussion was not noticed in advance.

The commission voted 7-0 in support of removing the six trees.

Coryea said the June 18 report will include maps that detail the locations of trees to potentially be removed and the costs and impacts of incurring any additional delays. She said the project engineers will be on-hand for the meeting that will also provide citizens the opportunity to express their views.

County commission meetings start at 9 a.m. It is not yet known what time the tree removal discussion will occur. Meeting agendas are posted at the county website.

Public opposition

When contacted on Thursday, Chappie said, “Before the meeting on the 18th, Cheri will be meeting with me to go over what the report says.”

He also said, “I just got off the phone with Mike Norman and he’ll have 1,000 petition signatures that he’s getting to me.”

The petition signatures represent the public opposition to the tree removals. That opposition swelled after the city resident and owner of Mike Norman Realty complained to Chappie and Vice Mayor Jake Spooner after seeing Cindy Lane’s photograph and cutline in the May 22 issue of The Sun.

The concerns expressed by Norman and others prompted an emergency city commission meeting on May 24. Chappie then conveyed his commission’s concerns to county commissioners on May 28.

On Friday, Chappie hand-delivered 1010 petition signatures to Coryea and/or Jonsson.
“We the undersigned, love the Australian pines at Coquina Beach. We beseech you to come up with an alternate plan for the Coquina drainage project that does not include cutting down these majestic trees,” the petition language says.

During the week, Chappie and Jonsson exchanged several emails regarding the Coquina Beach project.

On Monday, June 3, Jonsson sent Chappie an email that said, “Do you think Bradenton Beach, perhaps the CRA (Community Redevelopment Agency), would be interested in putting some money towards any redesign work if we go that way?”

After discussing that possibility with the CRA on June 5 and the City Commission on June 6, Chappie is authorized to pursue that possibility if it’s given county consideration.

Related Coverage

Proposed Tree Removals Delayed

County’s Plan to Remove Coquina Beach Trees Meets Opposition

Proposed tree removals delayed

Written by Joe Hendricks on May 31, 2019. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – More than 100 Australian pine trees designated for removal at the south end of the Coquina Beach parking lot will not be removed, at least until Manatee County commissioners review a comprehensive staff report on the project.

County Administrator Cheri Coryea announced the delay during the county commission’s Tuesday, May 28 budget work session, responding to remarks made by Bradenton Beach Mayor John Chappie during citizens’ comments.

On Friday, May 24, the Bradenton Beach Commission held an emergency meeting and authorized Chappie to send Coryea a letter expressing the commission’s concerns about the proposed tree removals and the lack of communication from the county about the plans.

Project permitting

Heavy equipment is already on site and some preliminary work has occurred for the first phase of the two-phase Coquina Beach drainage and parking lot improvement project.

Proposed tree removals delayed pending county staff report — These Australian pines along the south entry road are currently slated for removal. – Joe Hendricks | Sun

In May, Manatee Public Works Department Project Manager Michael Sturm sent county staffers Carmine DeMilio and Jeff Streitmatter an email containing the subject line: “Coquina Phase 1 Australian Pine Removal.”

No one representing the city of Bradenton Beach was copied on Sturm’s email, which states, “The certified Arborist has determined that the trees shown on the attached PDF are a risk for beach visitors if left in place. His conversation was that the 10-inch-deep excavation that will occur to construct the curb located on each side of the concrete drive and parking areas will threaten the stability of the shallow foundation roots known to occur with Australian pine trees. His recommendation was to remove 102 trees. I have also included the cost associated with the removal and disposal of the trees.”

Dated May 9, the attached $144,441 change order submitted by Woodruff & Sons included $71,775 for tree removal and $2,652 for root pruning by Terry’s Tree Service. When addressing the county commission, Chappie referenced the change order, which he first saw earlier that day.

The drainage and parking project at the county-owned beach requires a city-issued building permit. On April 10, the county received from the city a land use and zoning permit. The permitting request presented to city commissioners earlier this year included no mention of tree removals.

The county’s original 100 percent design documents include language that says the contractor shall protect all existing structures, utilities, driveways, sidewalks, fences, trees and landscaping or repair or replace them to equal or better than pre-construction conditions. The design document also says, “All existing trees shall remain unless otherwise noted.”

Mayor addresses county

Chappie thanked Coryea for her quick response to the city’s letter before reading it aloud to county commissioners.

“The city of Bradenton Beach is adamantly opposed to the trees being removed. We are extremely hopeful the county will not follow through with such a disturbing act that would change the great character of Coquina Beach.

“Australian pines, despite their designation as an invasive nuisance tree, do provide tremendous benefits for our residents, visitors, as well as the birds and wildlife. This is the right plant in the right location. Further, there are no homes or structures in danger of being harmed by a limb or tree. These trees enhance the park and provide a tremendous tree canopy for the south end of the Island,” Chappie said.

“We strongly encourage the county commission to take some time and reconsider the destruction and removal of the Australian pine canopies. The guiding light needs to be ‘Save the trees.’ This is a large park, there are significant open area spaces. I believe there is great opportunity for us to be creative and the city would be more than happy to assist. The city is also requesting a special city commission meeting with a county representative to explain this plan. We just want to understand what’s going on,” Chappie said.

County response

Commissioner Carol Whitmore said she sent Coryea an email containing questions she has about the tree removals and project contract.

Commissioner Betsy Benac said, “Those trees provide shade. As we all know from this weekend, shade is invaluable. I’ve heard many stories about Australian pines and that they aren’t good for habitat. Well, they’re good for this habitat. I certainly would want to do everything we can to save the shade.”

Coryea said, “We anticipated possibly giving you information, but as this unfolded over the last day or so we would rather quickly pull together a full and comprehensive report. We want to look at how many trees in totality are in that area and give you some idea of the approach of what that removal is.

“There’s no removal today. We held them off. We will plan to act quickly though,” Coryea said, noting delays incurred now could impact the project timeline in January or February.

“So, we’re not doing anything until we hear from you guys?” Whitmore asked.

“There’s no removal that’s going to happen today,” Coryea said.

“You just said ‘today,’ ” Whitmore responded.

Coryea clarified no tree removals would occur until county commissioners reviewed the staff report.

“We don’t want to put our project at risk either. We’ll make sure we’re back here shortly,” Coryea said.

Commissioner Vanessa Baugh asked if another type of tree could be planted to replace the Australian pines removed. Coryea said that would also be included in the report.

“I just don’t want a line of new palm trees, that’s no shade,” Whitmore said.

In response to comments she saw posted on Facebook, Whitmore also stated the Town of Longboat Key is not involved with the Coquina Beach project.

Follow-up communication

On Wednesday, May 29, Manatee County Information Outreach Manager Nick Azzara addressed the tree removals in an email he sent to a television journalist. He later shared that email with The Sun.

“There are no plans to remove all the Australian pines at Coquina Beach and there are no plans to remove trees that provide shade along the nearby exercise trail. There are nearly 1,100 Australian pines there today and a small percentage are recommended for removal,” Azzara wrote.

At week’s end, the staff report had not yet been presented and no additional public discussion had occurred. The county commission has a budget work session at 9 a.m. on Tuesday, June 4 and a land use meeting at 9 a.m. on Thursday, June 6.

Related Coverage

County’s plan to remove Coquina Beach trees meets opposition

City hall building replacement discussed

Written by Joe Hendricks on February 1, 2019. Posted in Bradenton Beach, Community News.

BRADENTON BEACH – City officials are trying to figure out whether it makes more sense to floodproof and hurricane-harden city hall or to build a new city hall complex.

These ongoing discussions also involve the adjacent city-owned Tingley Memorial Library and the police department and public works buildings around the corner on Highland Avenue. No final decisions have been made regarding any of the existing buildings, including the library.

These previously-discussed matters were discussed in greater detail at the Jan. 22 City Commission work meeting. In the wake of those discussions, Mayor John Chappie wants residents to know there are no plans to eliminate the Tingley Memorial Library, although it could be relocated depending on what long-term decisions are made.

“Any talk of getting rid of the Tingley Memorial Library, our historic library, is just not true. In my view, the library has to be part of any final decisions we make,” Chappie said on Thursday, Jan. 31.

During the work meeting, Building Official Steve Gilbert provided his insight on floodproofing and windproofing the existing city buildings and the possibility of building a new city hall complex.

A memo from Gilbert included in the commission’s work meeting packet notes the current city hall was built around 1970-71, before the creation of the Florida Building Code. It is located below the current flood plain and it is not known if the exterior walls, slab and foundation would resist floodwaters or wave action.

The memo states the current city hall could be floodproofed by installing exterior flood barriers that would also require new foundations to anchor them. The Public Works Department would need to maintain the flood barriers and erect and dismantle them before and after storms.

According to Gilbert’s memo, the elevated library building – built in 1993 – is above the flood plain, will likely need a new roof, ramp and stairs within the next few years and could be storm-hardened by installing hurricane-rated doors and windows.

“Any talk of getting rid of the Tingley Memorial Library, our historic library, is just not true. In my view, the library has to be part of any final decisions we make.” – John Chappie, Bradenton Beach Mayor

Gilbert told the commission the ground-level public works building built in the early 1970s and the partially-elevated, two-story police station thought to have been built in the 1980s could be more easily floodproofed than city hall.

He noted these discussions are driven by increasing flood insurance premiums. According to City Treasurer Shayne Thompson, it will cost $18,334 to insure city hall during the 2018-19 fiscal year and those premiums will increase as FEMA’s flood insurance subsidies are eliminated.

Gilbert guessed it might cost between $150,000 and $350,000 to install flood shields at city hall and make additional windproofing improvements to the roof, but the actual windproofing costs remain an unknown. He said floodproofing city hall for flood insurance purposes would not guarantee the building would still be standing or usable after a major storm.

Vice Mayor Jake Spooner said he wasn’t convinced that flood shields were a viable solution for city hall.

From public safety, response and resilience perspectives, Gilbert suggested a new city hall complex could be built to withstand Category 4 and 5 hurricane-force winds and be located next to the police station.

According to a 2014 Sun interview with librarian Eveann Adams, the city library that operates outside of the county library system dates back to at least 1959 and was known as the Bradenton Beach Library when operated at another location.

The library is named in honor of Beulah Tingley, the longtime Bradenton Beach resident who passed away in 1986 and bequeathed to the city roughly $500,000 to maintain a city reading room.

According to Adams, the current library building was first put into use in February 1994 and dedicated in Tingley’s honor on Feb. 28, 1995. She said the 2,800-square-foot building includes 1,900 square feet of shelf space that holds approximately 10,000 books and other materials.

The library operates on its own separate budget, which is overseen by the City Commission with assistance from city staff. According to City Clerk Terri Sanclemente, the current library fund balance is $465,469 and the average annual operating expenses are $31,907, including Adams’ salary. Library volunteers provide the additional staffing.

“Integrate everything in one complex that’s next to the bridge, where we can get back to work as soon as the storm has passed,” Gilbert told the commission.

When asked about that concept the following week, Gilbert said a new city hall complex could possibly consist of two levels located over parking and connected to the second floor of the Police Department. He said the existing Public Works building could be upgraded for floodproofing and windproofing purposes to help keep it viable during and after a storm event.

Public Works Director Tom Woodard said the metal guard rails between Cortez Road and the police department parking lot can be removed to provide direct access to the bridge if needed.

Funding options

During the work meeting, Gilbert guessed it might cost $2-$2.5 million to construct the new city hall complex, which could potentially be funded by selling the current city hall and library properties.

Spooner suggested taking out a loan to build a new city hall, keeping those city properties and converting them into a metered, ground-level city parking lot.

He said a 100-space parking lot charging $5 a day could generate approximately $182,000 per year. Those revenues could be used to make the loan payments and would continue after the loan was paid off.

Chappie said he wasn’t sure he could support a parking lot being built on properties located right across the street from the Gulf of Mexico. He leans more toward selling one or both of those properties to pay for a new building – a building he later reiterated should include space for the city library.

Commissioner Ralph Cole said he was open to discussing all options and everyone agreed that the value and the sales value of the properties and buildings need to be assessed before these discussions resume.

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