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Tag: John Chappie

Government Kids Chappie

Students to take over city hall on Local Government Day

BRADENTON BEACH – Mayor John Chappie, City Attorney Ricinda Perry and the city of Bradenton Beach have invited 75 Bradenton Christian School third-graders to participate in the “Youth In Politics – Elementary Students Take Over Local Government Day” pilot program.

Taking place at Bradenton Beach City Hall and several other locations throughout the city, the inaugural event has been scheduled for Thursday, Oct. 25.

It will coincide with Florida City Government Week 2018, taking place Oct. 22-28. Supported by Gov. Rick Scott’s 2017 proclamation, City Government Week is sponsored by the Florida League of Cities (FLC).

According to the FLC website, Florida City Government Week was created to help raise public awareness about the services cities perform and the workings of city government.

“Cities are encouraged to involve their local schools, businesses, media and civic clubs in planning City Government Week activities,” the FLC website says.

The third-graders will be divided into three groups and each group will participate in a mock City Commission meeting at city hall. Student mayors and commissioners will rule on the fictional “Case of the Barking Dog,” which involves a noise complaint and a permitting request to build a dog house. Other students will serve as the building official, the city clerk, police officers and newspaper reporters.

While one group is conducting its commission meeting, the other groups will visit the police department, the Bradenton Beach Fire Hall and possibly the Public Works Department. Students will also walk across the street from city hall to the beachfront City Park to visit volunteers and animals from Wildlife Inc. Education & Rehabilitation Center and AMI Turtle Watch and Shorebird Monitoring.

Resident volunteers will read to students at Tingley Memorial Library and Commissioner Marilyn Maro will host play activities at Lou Barolo Park.

Anna Maria Oyster Bar President John Horne will provide a healthy lunch buffet at the Historic Clock Tower on the Bridge Street Pier and Beach House owner Ed Chiles and executive chef Will Manson will provide a sustainable seafood and farm fresh food tasting extravaganza.

Paradise Boat Tours’ General Manager Sherman Baldwin offered to take the students on a boat tour and Commissioner Jake Spooner, owner of The Fish Hole, is offering free putt-putt golf.

Commissioner Ralph Cole, owner of Coastal Watersports, offered to give a boating safety class near City Park and said he’d asked members of the county marine patrol to join him.

Commission all in

Chappie and Perry presented their concept to the City Commission on Thursday, Oct. 4. The commission fully supported the event and authorized Chappie’s request to issue a press release.

“There is something for everyone and we look forward to making this Youth In Politics program a lasting one to show the next generation that government can be fun, positive and great,” the press release says.

Perry’s daughter, Victoria, is a member of this year’s third-grade class at Bradenton Christian School. The school was selected for the pilot program because of the short time frame and the school’s status as a private school. Chappie and Perry hope to garner interest from the Manatee County School Board during this year’s event and include Anna Maria Elementary and other public schools next year.

Government Kids Perry
City Attorney Ricinda Perry helped organize the “Youth In Politics” student event. – Joe Hendricks | Sun

“When the mayor and I were talking, I said I’m sickened by the way politics have become viewed in our nation. I think this is an opportunity for our city and our elected officials to reach the next generation and teach them the right way to run politics – while also sharing the beauty of what Bradenton Beach is,” Perry said.

“When I sat down with the teachers and my leadership team at the school I had a number of them say, ‘I didn’t know Bradenton Beach had all this. I want to bring my family out to visit.’ I see this also as a grassroots opportunity to bring 75 kids out, experiencing our city and taking that story home,” Perry said.

As a secondary benefit, Perry believes the student event would provide additional exposure for the Bradenton Beach business community that’s still recovering from red tide.

“We also talked about having designated reporters to do a story on the adventure here,” Chappie said, expressing hope that the students’ stories might appear in local newspapers and in FLC’s “Quality Cities” magazine.

“I’m amazed at how excited people are,” Chappie said.

KORN Petitions Rejected

Commission rejects KORN initiatives

BRADENTON BEACH – Bradenton Beach Commissioners have rejected four charter amendment initiatives pursued by the Keep Our Residential Neighborhoods (KORN) political action committee.

Barring a court order or a new petition initiative done according to the city charter, KORN’s proposed charter amendment questions will not appear on the city ballot this fall.

KORN’s charter initiatives propose a citywide prohibition on multi-level parking garages, hiring a full-time city manager, increasing setback restrictions and prohibiting vacant commission seats from being filled by commission appointment.

The commission based its decision on KORN not following the charter’s referendum procedures and on insufficiencies and concerns cited by City Clerk Terri Sanclemente, City Attorney Ricinda Perry and City Engineer Lynn Burnett.

After nearly two hours of debate on Thursday, June 21, the commission adopted three motions. The first was for the commission to uphold Sanclemente’s decision to reject the proposed amendments according article 4 of the city charter. The second stated KORN’s initiatives do not comply with Florida Statutes 166.031 and 101.161. A third motion directed city staff to defend the city charter and represent the city in any litigation arising from the KORN petitions.

All three motions were approved by 4-1 votes, with Commissioner Randy White in opposition.

As he left city hall, KORN chairman Reed Mapes said, “I’m calling my lawyer.”

As of mid-day Monday, a lawsuit had not been filed.

Petition insufficiencies

On June 4, KORN treasurer John Metz submitted the signed petitions to the clerk’s office with a note citing 88 signatures for the parking garage petition, 87 for the vacancies petition, 83 for the setbacks petition and 76 for the city manager petition.

The referendum requirements in the city charter and state law require verified signatures from at least 10 percent of the registered electors in the preceding general election. According to the Manatee County Supervisor of Elections Office website, Bradenton Beach had 744 registered in November 2017.

“Now you put us in a position where we either don’t follow our city charter or we go to litigation.”
– Jake Spooner, Bradenton Beach Commissioner

On June 11, Sanclemente sent Metz a letter stating KORN didn’t form a five-member petition circulating committee, didn’t use the city’s required forms and didn’t provide accompanying affidavits stating each petition was signed in the presence of a committee member.

“This office has testimony that petitions were mailed to residents and were not signed in the presence of a committee member,” Sanclemente wrote. “Accordingly, your petitions are deemed insufficient pursuant to the city charter.”

KORN was given 10 days to file amended petitions. Sanclemente recapped these insufficiencies for the commission and said Metz refused to accept the petitions mailed back to him.

During that morning’s Charter Review Committee meeting, the city engineer said KORN’s setback amendment could negatively impact stormwater retention. She recommended revising the amendment language or addressing those concerns in city code instead. Perry said the amendment could expose the city to Bert Harris claims.

KORN John Metz
KORN treasurer John Metz tells city commissioners KORN’s charter initiatives were conducted according to state law and not the city charter. – Joe Hendricks | Sun

Commission discussion

“We’re using the same process that was used last year, a state process under 166.031,” Metz told the commission.

He was referencing charter initiatives pursued by the Concerned Neighbors of Bradenton Beach (CNOBB) in 2017. Perry said those voter-adopted charter amendments still contain unresolved conflicts.

“The city is a conduit through which we operate. There’s nothing the city’s to do except to follow statute. I’m here to ask you to send these petitions on. I think there’s enough litigation going on that we don’t need more,” Metz said.

“Did you follow the procedure in our charter?” Cole asked.

“It’s not appropriate,” Metz responded.

“You don’t find it appropriate, but our job is to follow our city charter. Now you put us in a position where we either don’t follow our city charter or we go to litigation. Why didn’t you follow our charter?” Commissioner Jake Spooner said.

“We’re not required to,” Metz said.

Perry said the Elections Office only determines whether enough verified petition signatures were obtained and it’s up to the commission to review referendums for compliance with the charter and state law.

“You were sworn in to uphold this city’s constitution, which is its charter, and state law,” Perry told the commission.

Perry said state law limits ballot summaries to 75 words and ballot titles to 15 words. The ballot summary for the vacancies amendment contains 102 words and the setbacks summary contains 89. According to Perry, all four ballot titles exceed 15 words.

The word “outrageous” appears in the parking garage summary and “cronyism” appears in the vacancies summary. Perry’s June 19 memo to the commission referenced a Florida Supreme Court ruling that says, “The ballot summary should tell the voter the legal effect of the amendment and no more. The political motivation behind a given change must be propounded outside the voting booth.”

Perry said state law no longer allows land-use referendums and Cole noted the charter’s building height restrictions predate the change in state law.

Chappie said the first question to be answered was, “Does the charter apply or not?”

Perry said the charter was created according to state law and works in tandem with Florida statues.

“It’s not specific to KORN. Our charter has to be followed,” Spooner said.

“This is an attempt to stop these KORN initiatives,” White said.

White said the state process provides citizens with another option if they feel they’re not being heard at the local level.

“Had the city been willing to work with us, we’d probably been able to work all those items out. We’ve found that very much impossible,” KORN chair Reed Mapes said regarding last year’s referendum efforts.

“That’s not true. The city was clearly pleading to work with CNOBB to set up a charter review committee to get it done correctly. CNOBB said no,” Chappie responded.

“What is the problem with following a simple procedure?” Cole said of this year’s efforts. “If you would have done that, it would have allowed us to say yes, let’s put it to the voters without breaking our own city charter.”

Related coverage:

Charter Review Committee appointed

Commissioners discuss parking garages, more

Moratorium expiring

Building moratorium will expire soon

BRADENTON BEACH – Despite an appeal from a city commissioner, Bradenton Beach’s voter-initiated building moratorium will expire on Wednesday, March 7.

On behalf of some of her constituents, Commissioner Marilyn Maro requested the moratorium be extended for three more months, but legal justification for another extension could not be made during the Thursday, March 1 City Commission meeting.

Maro’s agenda request included a handwritten note from the “People of Bradenton Beach” seeking more regulations and additional adjustments to the land development code before the moratorium is lifted.

“We want to see an end to all party houses. We want our neighborhoods back,” the note said.

In Nov. 2016, a voter referendum mandated the commission enact a six-month moratorium on the issuance of building permits for homes containing more than four bedrooms or potential sleeping rooms. The moratorium was extended several times to allow the commission more time to develop rental regulations and other regulations intended to limit the impact vacation rentals have in residential neighborhoods.

The possibility of another extension prompted a hand-delivered letter written by attorney Aaron Thomas on behalf of the Najmy-Thompson law firm that represents several Bradenton Beach property owners.

At the request of Thomas and Mayor John Chappie, City Attorney Ricinda Perry read the letter aloud when last week’s discussion began.

“The Bert J. Harris Jr. Private Property Rights Protection Act provides a cause of action for temporary impacts on development lasting more than one year. The initial moratorium went into effect Nov. 8, 2016, well over one year ago. While the city may currently be susceptible to Bert Harris claims under this temporary impact on development provision, an extension of the moratorium for an additional three months will only solidify this fact. Should you elect to extend the moratorium an additional three months the city will undoubtedly be subject to a number of Bert Harris claims for which a monetary settlement will be the only reasonable settlement for our clients. Given this, we urge the commission to vote against the three-month extension,” the letter said.

Perry said she disagreed with the assertion that the city was currently at risk of Bert Harris claims – in part because city voters enacted the moratorium – but she agreed the city would be at risk if the moratorium was extended again.

Chappie and Commissioner Ralph Cole both noted Bradenton Beach is the only Island city not to be named in a Bert Harris claim.

“We are pleased the city made this decision,” Thomas said. “It was only to their benefit to do so. Many of our clients who have investment property in Bradenton Beach are optimistic about the city’s new leaders making fair and well-balanced decisions with respect to the vacation rental home market within the city.”

Commission discussion

Maro referenced the residents’ requests for another extension and said, “They just don’t want party houses. They’d said there’s still too many people in these houses, we’re talking 20 to 30 people. There’s still a few things that need to be adjusted.”

Perry, Chappie and City Planner Alan Garrett each expressed their views that staff, the Planning and Zoning Board and the commission had done all it set out to do when the moratorium was enacted and another extension could not be justified.

Since enacting the moratorium, the commission adopted a revised version of the original vacation rental regulations adopted in 2015 but never implemented. That registration program is underway and the new regulations take effect March 19.

Occupancy limits are established by the air conditioning load determined according to the Florida Building Code. According to Building Official Steve Gilbert, this basically equates to the same two people per bedroom plus two additional guests limits established in Anna Maria and Holmes Beach.

Bedrooms must now be labeled and adhered to when submitting building applications and rental registrations.

Side-yard trash pickup will soon be required of non-owner-occupied rentals and parking requirements have been increased. Noise complaints will be enforced by the police department as they are for any other home or business.

Pool setbacks for all residential properties have been increased and pools will now be counted as impervious surfaces when calculating the 40 percent maximum lot coverage.

Historic preservation    

The commission unanimously supported Cole’s previously-made suggestion that the commission now pursue a historic preservation ordinance similar to the city of Anna Maria’s. The intent is to encourage property owners to preserve traditional cottages and bungalows rather than demolish them and replace them with larger homes to be used as vacation rentals. A historic preservation designation helps homeowners offset the FEMA 50 percent redevelopment limits that often make it easier to build a new house than improve an old one.

John Chappie

Mayor seeks equal distribution of beach concession funds

BRADENTON BEACH – Mayor John Chappie supports the city of Anna Maria’s request to use $333,000 of surplus beach concession revenues for the replacement of the City Pier, but he wants a fair share of the county-controlled funds for his city too.

“I have no problem with the projects the other cities have. Where I’m having some heartburn is the equity in the distribution of the funds,” Chappie said during the City Commission’s Dec. 7 meeting.

Chappie said he recognizes the Island-wide value of the Anna Maria City Pier.

“I don’t have a problem with the City Pier in Anna Maria. Hopefully this commission will support their request, but I’m looking at it as a third, a third and a third so we know where we stand over the next several years,” he said regarding his desire for the county funds to be shared equally by the three Island cities.

County Resolution 14-119 guides the beach concession funding request process and requires a joint letter of support signed by all three mayors even if the project is specific to one city. County Commissioners then decide the fate of each request. The city of Anna Maria has not yet sent a letter to city officials in Bradenton Beach and Holmes Beach seeking their support for a pier funding request.

Chappie, a former County Commissioner, told his commission that he recently discussed the concession funds with Anna Maria Mayor Dan Murphy and Holmes Beach Mayor Bob Johnson.

“I don’t think they were all that happy about my concern about the distribution of the funds, but I think it’s something we can work out. I want to support their projects and I hope they support our projects,” he said.

Surplus beach concession revenues are generated through the county’s lease agreements with the concessionaires at Manatee Beach in Holmes Beach and Coquina Beach in Bradenton Beach. Use of the surplus funds can be requested for one-time capital improvements projects that provide a benefit to the entire Island.

According to Jan Brewer, Manatee County’s Director of Financial Management, the beach concession reserve fund had a $1.14 million balance when the 2016-17 fiscal year ended on Sept. 30.

The fund was created with a zero balance in fiscal year 2010 and produced a $76,087 reserve balance in fiscal year 2011. The reserve fund grew to $601,995 in fiscal year 2014. In 2016-17, the fund experienced its largest annual increase to date, $252,524.

The $130,000 Island-wide Urban Land Institute study in 2015 was the first Island project funded by surplus concession revenues.

Each year, the county maintains a $233,520 base fund to cover its annual anticipated needs. In past years, the county has used additional concession revenues to fund holiday trash pickup, restroom cleaning services and overtime and extended working hours for beach custodians. What remains after the base amount and any additional county expenditures is potentially available to the three cities, but the county is not obligated to share the concession revenues produced on the Island.

Wish lists

Earlier this year, the three city commissions created project wish lists. The Bradenton Beach Commission’s first choice was to work with the other cities on an Island-wide bike path. Additional trolley shelters, a trolley pull-off lane and bike racks and other amenities for Gulf-side street ends made the commission’s city-specific list.

Unrelated to that list, county commissioners approved Bradenton Beach’s request for the county to spend up to $15,000 to install county-maintained exercise equipment along the Coquina Beach trail. Chappie told the commission the project has encountered delays due to costs being higher than originally anticipated.

Before the need arose for pier replacement funds, Anna Maria’s original $606,000 wish list included a bike path, park improvements, a water taxi feasibility study and a kayak launch. The Holmes Beach list included Grassy Point land acquisitions, a wetlands kayak launch area, skateboard park upgrades and Spring Lake Park improvements. Potential Island-wide projects included land acquisitions for open space preservation; bike trail maps and markings; bike racks and trolley service improvements.

None of these wish list items has been presented to the county as a formal funding request.

CNOBB amendments

Elections alter Bradenton Beach’s political landscape

BRADENTON BEACH – The Nov. 7 elections reshaped the Bradenton Beach City Commission and changed how future commission races will be run.

City voters elected Vice Mayor John Chappie to serve as the city’s next mayor, replacing current Mayor Bill Shearon.

First-time candidate Randy White won the Ward 3 race, defeating incumbent Commissioner Ralph Cole in what will go down as the city’s last ward-specific commission race.

“If the voters made their decision because of a parking garage, I’m sorry they were basically misled.” Ralph Cole, commission candidate

The city charter will be amended to incorporate three voter-supported charter changes proposed by the Concerned Neighbors of Bradenton Beach (CNOBB). These include the elimination of commission wards and the reduction of residency requirements for candidates.

Running unopposed, Ward 1 Commissioner Jake Spooner retained his seat and will serve another two-year term.

Chappie, White and Spooner will be sworn in at 1 p.m. on Monday, Nov. 20.

Open seat

Cole applies for commission seat
After losing his commission race, Ralph Cole is seeking commission appointment to a soon-to-be-vacated seat. – Joe Hendricks | Sun

The elimination of commission wards means Cole is among those eligible to serve the remaining year of Chappie’s two-year commissioner’s term.

Cole and CNOBB chairman Bill Vincent, a Ward 4 resident, have already submitted applications to the city clerk’s office in hopes of filling the seat that becomes vacant on Nov. 20.

In 2016, Vincent ran for the Ward 4 seat won by Chappie. He is one of six former city board members named as defendants in an unresolved Sunshine Law lawsuit.

Others interested in the commission appointment can apply with the clerk’s office.

City Attorney Ricinda Perry will draft ordinances to formalize each of the voter-supported charter amendments. The commission must then adopt the ordinances during two public hearings before the appointment process can begin on or around Dec. 7.

Post-election reactions

“I think people wanted a change. I think people are tired of all the controversy and negativity,” Chappie said of the mayor’s race.

“We have some challenges we’re going to work through to be a better community than we are today,” he added.

As mayor, Chappie plans to be a stickler for open government and Sunshine Law compliance.

He said he has no issues with the charter amendments or their impact on the pending appointment process.

“Anybody in the city who meets the basic qualifications to run for office can put in an application. That’s what the people wanted,” Chappie said.

“The voters spoke,” Shearon said. “I would’ve liked to have continued the progress I feel my administration’s made over the years. Now it will be up to the new commission.”

Shearon will not apply to fill the vacant commission seat and he does not think someone who just lost an election should either. He also said he did not intend to run for a commission seat in 2018.

“I’m going to be retired. I’m not going to be in government, but I’ve had a couple people ask me to provide consultation to help them get their projects through the maze of bureaucracy,” Shearon said.

“I think myself and John Chappie won because we were out there on the streets knocking on doors,” White said. “I covered the whole town and I know John did too. The ones who wanted the votes the most got elected.”

Regarding the appointment process, White said, “Everybody’s entitled to put their name in the hat. We’ll work with the system and hopefully we choose the right person.”

Cole said a campaign mailer White distributed inaccurately represented his views on the parking garage discussions Shearon and Spooner initiated in 2016; and he feels that contributed to his loss.

“If the voters made their decision because of a parking garage, I’m sorry they were basically misled,” Cole said.

Regarding his possible reappointment, Cole said, “There were 169 people who voted for me. If you’re going to change the rules, then I can do it. I’m not going to back down because I lost an election. I want to have a say with what’s going on.”

Spooner said, “I’m honored to have the opportunity to work for the citizens of Bradenton Beach for a second term. I look forward to help healing the divide and making the city even more beautiful, enjoyable and safe for all, while protecting the taxpayers’ investment in the city.”

He also said he sees nothing wrong with Cole or anyone else in the city applying to fill the vacant commission seat.

By the numbers

In the mayor’s race, Chappie received 232 votes (60 percent) and Shearon received 155 votes (40 percent).

In the Ward 3 race, White received 205 votes (55 percent) and Cole received 169 votes (45 percent).

The Amendment 1 proposal to eliminate commission wards received 207 votes of support (55 percent) and 171 votes in opposition (45 percent). All future commission races will now be at-large races.

The Amendment 2 proposal to reduce commission candidate residency requirements from two years to one year and eliminate the requirement that candidates be registered city voters received 212 votes of support (55 percent) and 174 votes in opposition.

The Amendment 3 proposal to limit the city commission’s ability to interpret the city charter received 243 votes of support (64 percent) and 134 votes in opposition.

John Chappie

Chappie seeks mayor’s seat

BRADENTON BEACH – Vice Mayor John Chappie has filed his resign to run paperwork and intends to run for the mayor’s seat currently held by Bill Shearon.

Shearon declared his intention Monday to seek re-election.

Filing the resign to run paperwork means Chappie will vacate his Ward 4 City Commission seat after the Nov. 7 elections regardless of whether he wins or loses. The vacancy will not take effect until after the elections and there will not be an open race to fill the vacated seat. The commission will appoint someone to fill the Ward 4 seat during its second meeting in November and that appointee will fulfill the remaining 11 months of Chappie’s two-year Ward 4 term.

“We need elected officials that will listen to the people and respect them.” John Chappie, Bradenton Beach Vice Mayor

Chappie returned to the city commission last November after spending eight years as a Manatee County commissioner. Prior to that, he served multiple terms as the Bradenton Beach mayor and as a city commissioner. He has lived in Bradenton Beach for more than 43 years.

Decision 2017

On Sunday, Chappie discussed his decision.

“The bottom line is it’s always about wanting good government, better government, and I know I can bring that to the table. The city, over the last four years, has been through some turmoil. We need to come together and that’s a challenge. As mayor, I would be in a better position to help bring that along. I think I have a pretty good reputation with being open and honest about things. I’ve learned from my mistakes and I’m not afraid to admit to my mistakes,” Chappie said.

“We need elected officials that will listen to the people and respect them. I think it’s important to have those meetings where the elected officials get together and discuss the issues and hear from the people. I think we need to do more of that, and be willing to actually listen to what the people are saying. Government is about compromise a lot of the time. There’s not always one way, and having these discussions opens our minds to other opportunities for our community,” Chappie said.

“We’ve had some tremendous challenges and we’re going to continue having challenges fighting Tallahassee with regards to our home rule rights that are always being challenged. I’ve only been in office this go-around for nine months, but we’ve made some significant changes and progress as a commission. I think I bring to the table an understanding of what the community and the commission is facing, where we are today and where we want to be five, 10, 15 years down the road. We have a beautiful community and we need to plan more for where we want to be,” Chappie said.

“Bradenton Beach is my home and it always will be. I fell in love with it in 1974 and I have never left. My love is for this community and I love serving it and giving back to the community.”

In recent months, Chappie has voiced concerns about Shearon’s reluctance to share information with the four commissioners that are his legislative equals in the city’s weak mayor form of government.

“The commission is made up of five members – the mayor and the four commissioners – and we must never forget that. It’s about bringing things back to the commission to have that discussion, to set policy. It’s not keeping it to ourselves,” Chappie said.