ANNA MARIA – Jon Crane has resigned from the Anna Maria City Commission. He announced his resignation during the city commission’s Nov.14 hurricane recovery-related emergency meeting.
“ ‘I come here today with a heavy heart,’ as Lyndon Johnson used to say,” Crane said. “I’m resigning. I can’t live on the Island anymore, as much as I love it.”
Later that day, he tendered his formal resignation letter to City Clerk LeAnne Addy.
Crane said he and his wife are under contract to sell their hurricane-damaged home on the 800 block of North Shore Drive and the sale is expected to close in early December.
“I’m going to make this my last meeting because I’m busy with other things too,” Crane said. “I’ve been honored to work with the mayor and fellow commissioners that live in this piece of paradise. It’s been a good thing to be part of the community, working on the commission, considering items of importance to the community. I hope I’ve served the community well. I’m going to miss everybody, but life moves on,” Crane said.
Before joining the city commission in 2019, Crane served as a Planning and Zoning Board member and planning board chairman. His wife, Dusty, is currently a Planning and Zoning Board member and her pending resignation will create another planning board vacancy.
Mayor Dan Murphy, Mayor-elect Mark Short and Commissioner Charlie Salem were among those who thanked Crane for his service to the community.
“Thank you, not just for what you’ve done as a commissioner, but with planning and zoning and all the other things you’ve been actively involved in,” Short said. “We very much appreciate all that and thank you for what you’ve done.”
Audience member Barbara Murphy said, “I want to personally thank Jon and Dusty. They have been huge in the community. Dusty’s involved with the garden club and Jon and Dusty were instrumental with the museum. Jon was docent and vice president (of the Anna Maria Island Historical Society) for a long time and we’re going to miss you so much.”
The Cranes were longtime California residents before they bought their Anna Maria home in late 2011. They discovered Anna Maria during a year-long retirement tour that included a swing through southwest Florida and a visit with friends who lived in Anna Maria.
The Crane’s home was damaged during the two hurricanes that struck Anna Maria Island this year. – Joe Hendricks | Sun
After Thursday’s meeting, Crane was asked if they’re moving because of the hurricane damage their home sustained.
“Yes. Our home was decimated,” he said.
“And the weather’s not getting any better,” he added, regarding the increased frequency and intensity of the severe weather and tidal events that impact Anna Maria property owners.
Crane said he and Dusty still like the area and they might relocate to Bradenton.
In his resignation letter, Crane wrote: “As I announced at the commission meeting today, I am resigning from my position as commissioner on the Anna Maria City Commission. It is with a great deal of regret but it is unavoidable. I feel like I can no longer safely reside on Anna Maria Island. I haven’t lived in my home since Sept. 26 and my property is under a contract of sale. It has been a great honor and privilege to serve alongside the mayor and other commissioners and you and your staff have been terrific.”
Replacement process
Crane is in the first year of another two-year term in office and his sudden resignation creates an unexpected vacancy on the city commission. The city is now accepting applications from those interested in serving the remaining year of Crane’s term. Applications can be downloaded at the city website.
Dec. 20 is the deadline to submit an application. On Tuesday, Jan. 7, the city will host a public forum at city hall during which the commission applicants will answer questions submitted in advance by the public and the media. The four sitting commissioners will then appoint Crane’s successor on Jan. 9.
ANNA MARIA ISLAND – A Florida law firm plans to file a lawsuit challenging the recently expanded Form 6 financial disclosure requirements that now also apply to elected city officials.
Anna Maria, Bradenton Beach and Holmes Beach city commissioners recently discussed the pending lawsuit, but none of the Island cities are so far joining the lawsuit as plaintiffs.
On Jan. 9, city attorneys throughout Florida received a group email from attorney Jamie Cole, a longtime attorney with the Weiss Serota Helfam Cole and Bierman law firm’s Fort Lauderdale office. According to the firm’s website, Cole “represents local officials and governments in matters that help to improve their communities and preserve home rule power.”
In his email to city attorneys, Cole stated, “As I know you are all aware, the Florida Legislature last year passed a law that requires all municipal elected officials to complete a Form 6 rather than a Form 1 financial disclosure form as of Jan. 1, 2024. Over a hundred municipal elected officials have resigned rather than fill out the new form, which requires them to disclose their exact net worth, income and asset values.”
Former Bradenton Beach Commissioner Jake Spooner and Longboat Key Town Council Member Debbie Murphy were among the city officials statewide who resigned rather than be subjected to the same annual financial disclosure requirements that have long applied to elected state and county officials.
The expanded financial disclosure requirements also resulted in candidates John Kolojeski, Pat Olesen and Susan Stephen withdrawing their applications for potential appointment to the Anna Maria City Commission.
In his email, Cole stated, “Numerous city officials have contacted us regarding the filing of a lawsuit for declaratory and injunctive relief. Our firm has decided to file such a lawsuit if at least 10 municipalities sign on as plaintiffs. Attached is a form resolution that can be used by cities and their elected officials to join the lawsuit. Our legal theories are set forth in the resolution and are based upon the right to privacy and free speech.”
The resolution notes each city joining the lawsuit will be charged a $10,000 flat fee that covers the litigation of an initial court trial, but not a subsequent appeals process.
As of Jan. 18, the 11 cities joining the lawsuit were Golden Beach, Indian Creek, Miami Springs, Lighthouse Point, the Town of Palm Beach, North Bay Village, Bal Harbor, Weston, Delray Beach, Cooper City and Safety Harbor, according to Cole. He expects to file the lawsuit in February, after allowing more time for additional cities to potentially join in the suit.
The resolution claims the Form 6 disclosure requirements are unconstitutional and are not the least restrictive means to carry out the state Legislature’s desired financial disclosure requirements. It also says requiring unpaid or low-paid elected city officials to disclose their net worth, income and assets does not serve any compelling public interest and may potentially make them targets of burglary, identity theft and extortion while deterring other qualified citizens from seeking elected city office.
“Even the President of the United States and members of the U.S. Congress are not required to make such extensive disclosures,” the resolution states.
Elected city officials were previously required to file the significantly less intrusive Form 1 which doesn’t require the disclosure of net worth, income earned or tangible assets.
Elected city officials in office as of Jan. 1 must now file a Form 6 disclosure form by July 1, and future mayoral and city commission candidates must file a Form 6 when qualifying to run for office. Form 6 requires elected officials to report their net worth, income sources, income earned from each source, real estate holdings, bank accounts and account balances, stock holdings, tangible assets valued at more than $1,000 and debts owed.
Once filed, Form 6 becomes a public record that can easily be viewed and downloaded at the Florida Commission on Ethics website.
LOCAL DISCUSSION
Holmes Beach commissioners discussed the proposed lawsuit on Jan. 11 when Commissioner Terry Schaefer provided a recap of the Form 6 discussion that occurred earlier that day at the ManaSota League of Cities meeting. Schaefer said Florida League of Cities President and Cooper City Mayor Greg Ross is not in favor of the proposed lawsuit.
On Jan. 9, the Cooper City Commission voted 3-1 to join the proposed lawsuit and the three supporting commissioners will be named individually as plaintiffs acting on behalf of the city. Ross, an attorney, voted against Cooper City joining the lawsuit.
Holmes Beach City Attorney Erica Augello said she and her fellow attorneys at the Trask Daigneault law firm are not advising any of their municipal clients to join the lawsuit.
“Whatever decisions are made are going to impact you one way or another, so save your money,” she said. “It’s going to be an uphill battle.”
Holmes Beach City Attorney Erica Augello doesn’t recommend joining the lawsuit. Sun File Photo | Joe Hendricks
Commissioner Dan Diggins said, “I would really like us to stop talking about Form 6. It’s law. Let’s live with it. Let’s move on.”
Schaefer noted that anyone still in office as of Jan. 1 had the opportunity to resign before the expanded disclosure requirements took effect.
Anna Maria City Attorney Becky Vose told The Sun she received Cole’s email, however, she did not mention the email or the lawsuit during the Anna Maria Commission’s Jan. 11 meeting.
During that meeting, Commissioner Jon Crane provided some general comments on the Form 6 requirements and said, “I think it’s more home rule terrorism, stomping a foot on the neck of little cities. I’ve been talking to the mayor about having our lobbyist talk to the legislators about an exception for smaller cities, or something else that would take that pressure off of us. I also understand there might be a lawsuit being filed.”
Anna Maria Commissioner Jon Crane equates the expanded financial disclosure requirements to “home rule terrorism.” – Joe Hendricks | Sun
Commission Chair Mark Short noted Form 6 was discussed at the ManaSota League of Cities meeting, but the Florida League of Cities is not taking any action in opposition to the expanded disclosure requirements.
On Jan. 18, Bradenton Beach City Attorney Ricinda Perry initiated a commission discussion on the proposed lawsuit. She said she agrees with the legal argument that the expanded disclosure requirements are a violation of the right to privacy.
Bradenton Beach City Attorney Ricinda Perry agrees with the Weiss Serota law firm’s legal analysis. – Sun File Photo | Joe Hendricks
Perry said it’s unfair to subject elected city officials to financial disclosure requirements that were not in effect when they took office, some of whom own businesses and would have to disclose information that could be used by their competitors.
“I tend to agree with the attorneys who are putting this lawsuit together. There are other means of getting to where the legislators wanted to be,” Perry said.
Mayor John Chappie said, “As a county commissioner for eight years, I filled out the Form 6. Do I like doing it? No, not at all, but it is what it is. I’m not in favor of being part of the lawsuit.”
Commissioner Ralph Cole said he understands the Form 6 disclosure requirement being applied to higher-paid state and county elected officials, but not to a Bradenton Beach commissioner who earns $4,800 per year for serving.
Cole noted the disclosure requirements were expanded without grandfathering in city officials elected before the expanded disclosure requirements took effect. He said determining one’s net worth and the value of tangible assets could be challenging. Chappie agreed that determining the value of some assets, including works of art, can be difficult.
None of the Island city commissions took formal votes on joining the lawsuit.
ATTORNEY INSIGHTS
The Sun spoke with Cole by phone on Jan. 10 and Jan. 18.
“In the long run, if we win the case and get a declaration that the law’s invalid, I think it will benefit everyone,” he said. “But that’s not going to be for a while, so we’re going to try to get a temporary injunction that would only run in favor of the plaintiffs – the individuals who are actually named in the lawsuit. Just because a city joins that’s not going to be enough. The individuals who are named plaintiffs are the ones who would benefit from the temporary injunction and the cities would be paying for their fees.”
Cole thinks the expanded disclosure requirements are going to have a bigger impact in Florida’s smaller cities.
“Big and small cities are both concerned, but to some extent, it could be a bigger problem in smaller cities where everyone knows each other, and some people feel it’s a bigger invasion of their privacy. Some small cities are going to have problems filling their commissions,” Cole said.
Cole said the Florida Legislature can revisit the 2023 legislation and enact less invasive disclosure requirements for elected city officials, or all elected officials in Florida.
“They certainly could fix this and it doesn’t have to be all or nothing. It doesn’t have to be Form 1 or Form 6. It could be something in between. They could also change the rules for themselves because it’s not really clear why the net worth of county commissioners or state legislators needs to be disclosed,” Cole said.
He said the Florida Legislature could also research how other states handle their financial disclosure requirements.
“If you were to do that, you will find that none of them require their officials to disclose their net worth, their income and every single asset they own,” Cole said, noting there are some states that require disclosure reporting in dollar ranges rather than specific dollar amounts.
Cole said the Form 6 disclosure requirements provide teenage and adult children the means to look up their parents’ net worth and earnings. He said some city officials resigned because their employers don’t allow them to disclose their salaries and others may be involved in legal disputes or family issues in which disclosing financial assets could be detrimental.
“There’s so many different scenarios that people can’t or don’t want to disclose their financial information. It’s a huge intrusion into their privacy and it forces them to speak in a way that don’t want to speak – and that clearly violates fundamental constitutional rights,” Cole said.
He noted paying an accountant to assist with a Form 6 filing can cost $2,000 or more.
ANNA MARIA – Efforts are afoot to allow leashed dogs at City Pier Park.
Section 38-28 of Anna Maria’s code of ordinances addresses domestic animals and currently prohibits dogs and other domestic animals in city parks and other public spaces.
“It shall be unlawful for the owner or keeper of any domestic animal to allow or permit any such domestic animal on any beaches, coastal barrier sand dunes or parks located within the city limits,” the ordinance states.
During the Sept. 21 city commission meeting, Commissioner Jon Crane foreshadowed the pending efforts to allow dogs in City Pier Park while still prohibiting them in other city-owned parks.
During the city’s Sept. 10 centennial celebration at City Pier Park, some event attendees told Crane they didn’t know dogs weren’t allowed in the park.
Crane, a dog owner himself, said to the commission, “Since when can’t we have dogs at City Pier Park?”
City Commissioner Jon Crane is among those who recently noticed the “No Dogs Allowed” signs at City Pier Park. – Joe Hendricks | Sun
Crane said Mayor Dan Murphy provided him with a copy of the ordinance that prohibits dogs in the park.
“I think there’s going to be some movement in this regard, having dogs allowed in City Pier Park. I think it might come from Planning and Zoning, but I’m not sure. It might be something we ought to think about,” Crane told the commission.
Crane said allowing dogs in City Pier Park would be different than allowing them in Bayfront Park, which abuts Tampa Bay and provides space where children and adults can play in and along the water. He noted that if dogs are allowed in City Pier Park, their owners must clean up after them.
“I’m not proposing it this second, but I think it’s going to be coming down the pike. Everyone should think about it,” Crane said.
None of the other commissioners commented on his remarks.
The city ordinance has been in place for a long time but no one seems to know exactly when the “No Dogs Allowed” signs first appeared at City Pier Park. Crane said he and several others first noticed them during the September centennial celebration.
Board discussion
During the Sept. 27 Planning and Zoning Board meeting, board member Dusty Crane, Commissioner Crane’s wife, initiated an impromptu discussion on allowing dogs in City Pier Park.
Planning and Zoning Board member Dusty Crane will present the board’s request to the city commission. – Joe Hendricks | Sun
“I think it’s over-restrictive for residents and visitors. Along with that, I’d like to institute two things. One would be a poop station. The other would be a fine if the owner of the dog does not clean up its waste,” she said.
“And of course, no pets in the play area,” she said about the City Pier Park children’s playground. “And they all have to be leashed and under control.”
Dogs would still remain prohibited in the City Pier Park children’s playground. – Joe Hendricks | Sun
Crane said she’d like to see language added to the existing ordinance that would create an exception that allows dogs in City Pier Park.
“I’ve had a lot of people surprised to see the signs go up,” she said.
Planning board Chairman Jose Erbella said he doesn’t own a dog and he didn’t know dogs weren’t allowed in the park. He asked how the Planning and Zoning Board would proceed with such a request.
City Planner Ashley Austin and City Attorney Becky Vose said the board should direct one of its members to attend a city commission meeting and ask the city commission to direct city staff to address the matter.
Board member David Haddox made a motion to delegate Crane to address the city commission on the issue, including leash and clean-up requirements. The board voted 4-0 in support of Haddox’s motion.
ANNA MARIA – A final city commission vote on a $50,000 funding request for proposed clam and seagrass restoration projects is expected on Thursday, March 24.
During the Anna Maria City Commission’s March 10 meeting, Mayor Dan Murphy said he expects to receive by Friday, March 18 a final, formal written proposal from local restaurateur, businessman and environmental activist Ed Chiles and the group that includes representatives from the Gulf Shellfish Institute, The Diatom Initiative and Sea & Shoreline.
The group seeking the funds believes the projects would significantly improve the water quality in the offshore and inland waters where they would be conducted.
Regarding the final proposal and pending commission vote, Murphy said, “We’ve been talking about this for quite some time and it’s time to come to a conclusion.”
First presented to the commission on Jan. 13, the funding request that Chiles said could produce up to an additional $100,000 in matching funds from private donors has been met with continued opposition from Commissioner Jon Crane. Crane questions the effectiveness of clams when it comes to filtering red tide (Karenia brevis) and other harmful elements from the natural waters in which they’re placed.
Commissioner Jon Crane opposes the $50,000 funding request. – Joe Hendricks | Sun
The group’s original proposal called for a total of 20,000 southern hard clams and sunray Venus clams to be placed in the proposed project areas in Tampa Bay and Bimini Bay. On Jan. 26, Diatom Initiative founder and clam hatchery operator Curt Hemmel proposed placing 1-2 million southern hard clams in those waters instead, with sunray Venus clams no longer part of the proposal.
Retried marine biologist Randy Edwards appeared before the commission in February. – Joe Hendricks | Sun
When appearing before the commission in early February, retired marine biologist Randy Edwards expressed his opposition to the expenditure of American Rescue Plan (ARP) funds for a clam restoration project. Edwards’ opposition is based on his belief that clams possess limited water filtration capabilities and effectiveness.
As an alternative, Edwards recommended using $50,000 in ARP funds on a nutrient removal project that would target nitrates and phosphates from rainwater and tidal waters before they enter the water.
At the request of Commissioner Robert Kingan, the commission later discussed using the $50,000 to install additional vertical infiltration drainage trenches, but no final decision was made regarding the use of federal funds to do so.
Commissioner Deanie Sebring has expressed her continued support for the proposed restoration projects and the funding request.
The March 24 commission meeting will begin at 6 p.m.
ANNA MARIA – The City Commission is considering committing $50,000 in federal American Rescue Plan (ARP) funds for a nutrient removal project.
At the request of Commissioner Robert Kingan, a potential nutrient removal project was discussed in general terms on Feb. 23. Kingan previously suggested the commission hear from the city’s contracted engineers about alternatives to the $50,000 clam and seagrass restoration project proposed by restaurateur and businessman Ed Chiles and his restoration project associates.
The commission has not made any final decisions regarding how the $55,000 in ARP funds earmarked for an environmental/water quality project will be spent.
Wednesday’s discussion began with Mayor Dan Murphy noting the city has spent millions of dollars in the last several years installing vertical infiltration trenches – many of which are located in city rights of way alongside the streets of Anna Maria.
Murphy said the infiltration trenches help improve drainage, but their primary purpose is to filter nutrients and other pollutants from rainwater eventually discharged into Tampa Bay, Anna Maria’s residential canals and other bodies of water.
The limestone-covered trenches are filled with granite rocks and man-made filtration mesh that help filter the rainwater that passes through the trenches and into the city’s stormwater system and the soil and groundwater below.
Murphy noted that in addition to the cost of installing the trenches, there’s also the ongoing cost to maintain them – which he believes is a good investment, even though the periodic maintenance needs increase as more trenches are installed.
Engineering insight
Participating in Wednesday’s meeting by phone was Quinn Duffy, project engineer with Infrastructure Solution Services. He provided the commission with his insight on the effectiveness and value of infiltration trenches.
Duffy said the city’s past two phases of infiltration trench projects, and a current third phase, have been paid for by equal cost-sharing funding cooperatives with the Southwest Florida Water Management District at a total shared cost of slightly more than $2 million.
Duffy said the city has installed tens of thousands of linear feet of infiltration trenches. He said the trenches collectively remove about 600 pounds of nitrates per year, 107 pounds of phosphorus per year and have removed about 9.3 tons of suspended sediments. He said infiltration trenches remove 50-60% of the nutrients that pass through them, which he feels is a good return on the city’s investment.
Infiltration trenches cost an average of $63 per linear foot, he said, which are a cost-efficient means of treating stormwater on an Island that, in some places, has an elevation of three feet above sea level. He also said there are more costly and complicated stormwater treatment and drainage methods the city could explore.
Commissioner Jon Crane opposes the proposed clam restoration project because he’s not convinced clams filter red tide organisms and other harmful elements from the natural waters to the degree that Chiles and others claim.
“We’re charged with spending federal taxpayer money to do something good. The clams may or may not be good, but right now there’s no proof. I would rather put money into something we know works,” Crane said.
Commissioner Jon Crane opposes the proposed clam restoration project. – Joe Hendricks | Sun
Crane asked Duffy if he had any insight on the effectiveness of clams in terms of water filtration.
Duffy said he’s aware of studies conducted around the state, especially those conducted by the University of Florida. He said it would be possible to use those studies to compare the costs and benefits of a clam restoration project versus an infiltration trench project. He said the number and size of the clams would need to be factored into that comparison.
Duffy said infiltration trenches filter the water before it reaches the bay and other natural waters, while clams help filter the water they live in. Without doing more research, Duffy would not speculate as to the effectiveness of clams versus infiltration trenches.
Commissioner Mark Short noted the commission recently doubled the annual stormwater fees assessed to Anna Maria property owners. Those fees help fund stormwater and drainage improvements and maintenance.
Kingan made a motion to use $50,000 in ARP funds for a project that uses methods proven to remove nutrients, but his motion fell by the wayside without a vote as the discussion continued.
Commissioner Deanie Sebring supports the proposed clam restoration project. – Joe Hendricks | Sun
Commissioner Deanie Sebring expressed continued support for the clam restoration project. She said $50,000 is a “drop in the bucket” and the city should do something to help clean the local waters, even if the proposed project is experimental in terms of proven results.
Jim McDaniel serves as The Center of Anna Maria’s director of development. In recent years, The Center has embarked on environmental efforts that included mini-reef installations as part of its ongoing “Go Green” campaign. During public input, McDaniel said he is on a clean water committee in Holmes Beach and he encouraged the commission to consider all options.
Jim McDaniel encouraged the commission to consider all options. – Joe Hendricks | Sun
“Doing the ditches is so important, but I don’t see it as binary. I don’t think it’s one or the other. I stopped using ‘but’ when I write and I change it to ‘and.’ Try it. I think we need to do this and this and this. Together, we come up with better solutions,” McDaniel said.
Wednesday’s discussion concluded without any decisions being made and Murphy said the ARP project funding discussions would continue at a future meeting or meetings.
ANNA MARIA – A city commission decision on a $50,000 funding request for proposed clam and seagrass restoration projects has been further delayed as opponents voice concerns.
The additional delay is partially due to revisions made to the proposals that Ed Chiles and his associates previously presented to the city commission on Jan. 13, when Chiles and representatives from the Gulf Shellfish Institute, The Diatom Initiative and Sea & Shoreline requested $50,000 for the proposed restoration projects.
The money sought would come from the approximately $850,000 in American Rescue Plan (ARP) funds the city of Anna Maria will receive from the federal government. The city’s 2021-22 fiscal year budget earmarked $55,000 in ARP funds to address red tide/environmental issues.
The funding decision is also being delayed pending an appearance before the commission by 35-year Manatee County resident and retired marine ecologist Dr. Randy Edwards, who opposes the plan. Edwards will address the commission during the Thursday, Feb. 10 meeting that begins at 2 p.m.
On Jan. 13, Chiles told the commission a group of unnamed private donors would match dollar for dollar up to $50,000 in additional funds donated by the community at large. Chiles said this could turn a $50,000 effort into a $150,000 effort.
The group’s original proposal called for 20,000 southern hard and sunray venus clams to be placed in the Tampa Bay waters offshore of Anna Maria and in local canals. The proposal also calls for a seagrass restoration project in Bimini Bay – an interior body of water located in both Anna Maria and Holmes Beach.
Local restaurateur and businessman Ed Chiles, standing, is enthusiastic about using clams to improve water quality. – Joe Hendricks | Sun
Citing lingering concerns as to whether clams help remove red tide cells from the water, Commissioner Jon Crane requested the commission delay its funding decision until first hearing from Kevin Claridge regarding Mote Marine Laboratory’s red tide research and mitigation efforts. Claridge is vice president of Mote Marine’s sponsored research and coastal policy programs.
“I am told that clams and oysters do generally clean water, but there is no evidence that clams or oysters remediate red tide,” Crane said on Jan. 13.
He also questioned whether the red tide cells removed from the water by clams are redeposited into the water via the clams’ excrement.
On Wednesday, Jan. 26, Mayor Dan Murphy received a revised proposal from Diatom Initiative founder and clam hatchery operator Curt Hemmel. The proposal increases the number of clams from 20,000 southern hard and sunray venus clams to 1-2 million southern hard clams, with no sunray venus clams, which are often harvested for dining purposes.
Diatom Initiative founder Curt Hemmel has provided the city with a revised clam restoration proposal. – Joe Hendricks | Sun
Hemmel’s revised proposal was accompanied by a letter of support from Gulf Shellfish Institute Executive Director Stephen Hesterberg.
“It is empirically well supported that filter-feeding, bivalve shellfish improve water quality, support adjacent marine habitats and eliminate the organism that causes red tide. Although it is true that some nutrients delivered to the sediments are resuspended, a substantial amount of nitrogen can also be rendered inert by bacteria or utilized by beneficial submerged aquatic vegetation such as seagrass. Numerous peer-reviewed studies demonstrate that bivalves can facilitate seagrass production through improved water clarity and nutrient transfer,” Hesterberg stated in his letter.
Gulf Shellfish Institute Executive Director Stephen Hesterberg believes the proposed restoration programs would provide additional research opportunities. – Joe Hendricks | Sun
“The exciting technologies being developed at Mote Marine Laboratory, such as clay application and ozonation/cavitation/oxidation, should absolutely be included in our arsenal of means to mitigate red tide. However, it is important to clarify these methods are reactive to when red tide blooms arise, and do not prevent or address the root causes of harmful algal blooms. In other words, such tools fight a wildfire once it is raging, but do not lower the risk of one starting,” Hesterberg stated in his letter.
Mote presentation
When appearing before the city commission on Thursday, Jan. 27, Claridge provided an overview of the red tide research being conducted by Mote Marine and its research partners.
Mote Marine’s Kevin Claridge addressed the city commission on Jan. 27. – City of Anna Maria | Submitted
He said the potential red tide mitigation methods being researched include natural algaecides, ozonation, clay disbursement, UV light rays and more. Claridge said tiered testing of these potential mitigation strategies is taking place in inland test tanks before being introduced to the natural waters.
Claridge noted this research pertains to red tide mitigation rather than habitat and marine life restoration. He also noted Mote Marine is not directly involved in studying the effectiveness of clams and other bi-valves regarding their ability to filter out red tide cells.
Additional comments
Crane addressed a point raised in a letter he received from Edwards, who listed his past associations with Mote Marine, the U.S. Geological Survey and the University of South Florida. Crane asked if the 20,000 clams originally proposed would equate to a “drop in the bucket” in terms of addressing water quality issues.
In his letter, Edwards stated, “20,000 clams would filter an infinitesimally small volume of the bays. Their filtration effect would be so small, compared to the volume of water in the bays, to be totally insignificant and would have no meaningful positive impact. The question is what better could be done with the $50,000 by the city; it would be far better to invest it in reducing stormwater nitrogen runoff to the bay.”
Commission Chair Carol Carter noted Mote Marine is not seeking any project funding from the city and that Claridge appeared at the city’s request.
Carter noted both restoration projects propose restoration efforts in and offshore of Anna Maria and Holmes Beach. She suggested the group either seek some of the funding from the city of Holmes Beach or limit the scope of the restoration projects to Anna Maria. Carter also noted the city has not yet received a formal written proposal regarding a funding request and she recommended one be submitted. Murphy also recommended a more formal written proposal be submitted.
ANNA MARIA – Dogs on the beach are a growing concern in Anna Maria.
City officials believe the steady stream of tourists, the lack of verification requirements for service dogs and dog-friendly sheriff’s deputies are contributing factors.
Mayor Dan Murphy initiated discussion on these topics during the Thursday, Jan. 28 city commission meeting. He told the commission he started getting more complaints about dogs on beaches in October and asked the Anna Maria Unit of the Manatee County Sheriff’s Office to increase its enforcement efforts.
“We get complaints, and the complaints are escalating,” Murphy said, noting they’re not all coming from the same people.
As a result of Thursday’s discussion, the city commission informally asked Murphy to put together a proposal detailing the potential cost of using code enforcement officers employed directly by the city to enforce the city’s dog-related regulations.
City ordinances
According to Sec. 38-28 of the city ordinances, “It shall be unlawful for the owner or keeper of any domestic animal to allow such animal on any beaches, coastal barrier sand dunes or parks located within the city limits.”
According to Murphy, this includes the beach at Bayfront Park and the public beach areas near the City Pier.
The ordinance does not prohibit keeping a domestic animal on private beach property, as long as it isn’t allowed to stray onto public beaches, coastal barrier sand dunes or parks.
According to Sec. 14-61, “The owner or custodian of a dog or cat must have direct control of such animal at all times.”
According to Sec. 14-62, “Any feces deposited by a dog or cat on public property, public walks, recreation areas or the private property of others must be immediately removed by the person who has custody or control of the animal, unless otherwise authorized by the property owner.”
Service dogs and photographs
When addressing the commission, Murphy said, “Part of the problem with this is if it’s a service dog there’s nothing that can be done about a dog on the beach. Under the law, the only thing that’s required is for the person to say it’s a service dog. It doesn’t have to have a license. You don’t have to have a little jacket on it. You don’t have to have anything. The word has gotten out, so everything’s a service dog.”
He then deferred to Commissioner Deanie Sebring, whose diabetic alert dog, Humphrey, she carries in a pouch worn around her chest and torso.
Commissioner Deanie Sebring has a diabetic alert dog with her at all times. – Joe Hendricks | Sun
Sebring said the Americans with Disabilities Act (ADA) does not require the dog owner to carry a card or the dog to wear a vest that designates it as a service dog.
“They don’t want a disabled person to be singled out by your dog actually having a vest or a card,” Sebring said, noting that she carries such a card.
“The only way a service dog can be asked to leave is if it’s behaving in a manner that’s not acceptable. If the dog is behaving, there really is nothing that anyone can do about it. As far as comfort dogs, I believe that’s a whole different situation. But there again, it’s someone’s word the police officer has to take,” Sebring said.
Murphy said a new and additional complaint has also recently surfaced: He’s now getting complaints about sheriff’s deputies posing for photos with dogs on the beach, and he’s been asked what signal that sends to others.
“They must come to a conclusion that it’s OK to have a dog on the beach because they’re taking a picture with the deputy,” Murphy said.
Murphy said he discussed this with Anna Maria Unit leader Sgt. Brett Getman.
“He feels very strongly that the people are doing nothing wrong because it’s a service dog. And if they ask for a picture on the beach with a dog that’s just good public relations. My perspective is different than that. Perception becomes reality. If the perception is that we’re allowing dogs on the beach because we have a deputy having their picture taken with a dog, then to me that exacerbates it. I can pursue this further with the sheriff and see if we can have a change of heart in that regard, if that’s what the commission is interested in,” Murphy said.
Canine concerns
“There’s no bad dogs, there’s only bad people. And bad people don’t pick up their dog feces.” Commissioner Jon Crane said. “Dog feces is one of the two reasons you don’t want dogs on the beach. The other is they might bite people.”
Crane said he’s not in favor of deputies posing for photos with dogs on the beach, and he’d like to see the sheriff’s office take this entire matter more seriously, but he doesn’t want to pick a fight with the city’s contracted law enforcement agency.
“I wouldn’t mind tripling the fines for people that don’t pick up their dog poop,” he added.
Later in the discussion, Crane said, “I had an experience walking my dogs across the roadside edge of Bayfront Park, which I guess is wrong – I was told it is wrong by a sheriff’s deputy. They didn’t take a picture with me and they shooed me off of Bayfront Park. So, I don’t know how widespread this is, but they handled me appropriately.”
Commissioner Joe Muscatello asked about the fines for having a dog on the beach or not cleaning up after it. Murphy said he thought those fines were $500 and he noted the fine for not cleaning up after your dog applies anywhere in the city.
Commissioner Joe Muscatello believes the city must defend its beaches. – Joe Hendricks | Sun
Muscatello noted Anna Maria beaches are considered bird and turtle sanctuaries: “If that’s what we’re going to be, then we need to stay true to that. We’re a special beach here and we need to maintain that.”
Crane said he’d like to see more enforcement of the city’s leash law, because a dog on a leash isn’t going to chase down a turtle or a seabird.
Raising another concern, Sebring said she often sees dogs “running amok” on the beach after coming off a boat: “I see them pulling up and they don’t put them on leashes. The dogs run up into the dunes and do whatever.”
Muscatello acknowledged it’s difficult to enforce dogs coming off boats, but he still expects the sheriff’s deputies to enforce the laws: “We need to make sure we’re not opening this up to be a kennel on the beach.”
COVID and costs
“We have some special issues this year with COVID,” Commission Chair Carol Carter said.
Carter said she’s seen social media posts about vacation rental guests bringing four dogs with them. She believes there are more dogs in Anna Maria now due to travelers driving instead of flying. She also said she hears more dogs barking and sees more dog feces on the ground when she’s out walking.
“I don’t think these are owners or residents with their dogs. I think these are visitors who don’t understand our rules. I would like to see us create a little more awareness than what’s being done by the sheriff,” Carter said.
“If the sheriff doesn’t want to take any further action, I think we ought to consider code enforcement helping with some of this. I’m really concerned about the number of dogs running around on the beach.” Carter said, noting that she loves dogs and has had one most of her life.
Muscatello asked if the vacation rental companies make their guests aware of the city regulations regarding dogs on the beach. Murphy said some do and some don’t. Murphy said that information could be added to the list of best practices already provided to vacation rental guests regarding sea turtle protections, beach lighting restrictions and other local regulations.
Sebring noted the only public beach near Anna Maria Island that allows dogs is off-Island, along the Palma Sola Causeway.
Murphy said if the commission wants to use code enforcement officers to patrol beaches, he could come back with a proposal that details the estimated costs.
“It’s going to take vehicles and it’s going to take more bodies – as long as you understand that up front. We’re going to need a vehicle that can go on the beach,” Murphy said.
“We have to defend this beach. If that’s what it takes, that’s what it takes,” Muscatello said.
ANNA MARIA – Anna Maria City Commissioner Joe Muscatello has recovered from his recent COVID-19 infection.
During the Tuesday, Nov. 24 city commission meeting, Muscatello discussed his COVID experience after thanking Mayor Dan Murphy and city staff for checking on his well-being.
“I’m one of the people in Anna Maria that had COVID. You don’t want it. It was horrible. I’ve gone through stage 4 cancer and this was worse than that for three weeks. I couldn’t move for three weeks. I had to quarantine away from my wife, in my room,” Muscatello said.
Muscatello, who’s retired, said he was fortunate that he didn’t have to miss work, get children off to school or deal with the other concerns working people have to contend with while recovering from the illness.
2020 COVID-19 cases on Anna Maria Island
Source: Florida Department of Health
Muscatello said he had a 102-degree fever for three weeks, but was fortunate that he didn’t have to be hospitalized or be placed on a ventilator.
“And I’m not one of the 250,000 people who are now dead. My heart goes out to all those families,” he said.
“These damn people who won’t wear a mask… it’s personal to me now. I was worried about it before. Now that I’ve had it, I’m even more worried,” Muscatello said. “I picked it up from an extended family member. I let my guard down for one day. That’s all it takes.”
Muscatello said his main concern is the 1,500 residents who live in Anna Maria, but he’s also concerned about “the 20,000 that come here every week to have a good time.”
Commission’s COVID concerns
Muscatello discussed his personal experience after Commissioner Jon Crane expressed concerns about Gov. Ron DeSantis’ response to the COVID-19 pandemic.
“You already know my feeling about the governor’s approach to relaxing COVID measures. I disagree with him,” Crane said.
“I’m been ruminating on this for a while and the other day I saw a number of mayors had written a letter to the governor saying, ‘Let us have our powers back so we can protect our city.’ I think we might want to consider some sort of resolution supporting those mayors and our own need to exercise our home rule in protecting our citizens,” Crane said.
Commissioner Jon Crane disagrees with Gov. Ron DeSantis’ COVID-19 response. – Joe Hendricks | Sun
In September, DeSantis issued Executive Order 20-244, an order that prohibits city and county governments from imposing fines or other penalties on individuals who violate local COVID-19 orders or mandates.
That order also prevents local and county governments from limiting establishments with a food service license to less than 100% indoor capacity without quantifying the economic impact of each limitation or requirement placed on those restaurants and explaining why each limitation or requirement is necessary to protect public health.
On Nov. 24, DeSantis extended EO 20-244 with the issuance of EO 20-297.
“We’re not able to enforce our mask ordinance,” Crane said.
“Because we can’t fine,” Mayor Dan Murphy added.
Crane said it was noted earlier during the meeting that Anna Maria businesses are, for the most part, doing a good job of enforcing their own mask requirements.
“I just think we ought to protect our people from visitors who are mask-defiant,” Crane said.
Murphy referenced the local emergency order he issued on Sept. 30 in response to DeSantis’ order – an order that reiterates a business owner’s right to have a patron trespassed for refusing to wear a mask. At that time, Murphy issued a second order that requires masks or face coverings inside city hall, the city annex and at city events held at City Pier Park.
“The trespass order is actually more effective than the fines because nobody wants to be trespassed. We’ve had incidents down at the farmers market and they’re quickly solved with the mention of trespassing,” Murphy said.
Muscatello asked Murphy if he was aware of any Anna Maria businesses trespassing a patron for not wearing a mask.
Murphy said he was not aware of that happening, but he is aware of customers being made cognizant that they could be trespassed.
Code Enforcement Manager Debbie Haynes mentioned an incident involving a patron who refused to wear a mask at the farmers market.
“A deputy came to address the situation,” Haynes said, noting it wasn’t a vendor who requested that action, but a member of the code enforcement department who was present at the time.
Murphy said a lady recently wanted to use the restroom inside city hall but didn’t want to wear a mask.
“She told me all the reasons I couldn’t make her put a mask on. I told her that I could, and I would, and she wasn’t going to use the bathroom. She yelled at me a little bit and I said you’ll have to use the bathroom somewhere else,” Murphy said.
“I’ll maintain my outrage. but I’ll withdraw my motion,” Crane said in regard to a city resolution.
“Jon, I’m right behind you on what we can do to convince this crazy-ass governor of ours to help us out,” Muscatello said before sharing his own COVID experience.
Updated July 3, 2020 – ANNA MARIA – Mayor Dan Murphy and the Anna Maria City Commission have extended the city’s mandatory mask order for another seven days.
The emergency mask order originally enacted on June 25 as City Order #33 was amended during a special commission meeting Thursday morning. The amended order, City Order #36, is now posted at the city website.
Similar to the original mask order, the amended and extended order only applies to certain indoor places. But City Order #36 also includes new recommendations regarding outdoor waiting areas and vacation rentals.
“Every person working, living, visiting or doing business in the city of Anna Maria shall wear a face covering in any indoor location, other than their home or residence, when not maintaining social distancing from other persons, excluding family members or companions,” the amended order says.
The order lists the following exceptions:
Children under the age of two years;
People for whom a face covering would cause impairment due to an existing health condition;
People working in a business or profession who do not have interactions with other people;
People working in an office when all interactions with others are done with social distancing as recommended by the CDC;
People eating and/or drinking at a restaurant; provided, however, that face coverings must otherwise be worn in restaurants.
City Order #36 includes new language that says, “Businesses are requested to strongly encourage face coverings and social distancing for customers and persons waiting in line outdoors for service. Also, vacation rental owners and management companies are requested to give out informational material, such as a copy of this order, to each of their vacation rental customers upon check-in.”
A violation of the mask order is punishable by a code enforcement citation that carries a $50 fine per violation. During Thursday’s meeting, Murphy said no citations had been issued for mask violations to date and the city had not received any complaints about non-compliance.
When Thursday’s discussion began, Murphy addressed expanding the order to include outdoor public spaces.
“It’s very difficult for me to tell you that you have to stay 6 feet away from your husband or your wife or your child while you’re on vacation outdoors in the state of Florida. I think it would be nice if everybody wore face masks, but I don’t think we can infringe upon people’s personal rights that much. And I know we can’t enforce it. I think it’s going too far,” Murphy said.
Outdoor waiting areas
The new language regarding outdoor waiting areas arose from concerns raised by commissioners Jon Crane and Mark Short, based on what they’ve seen outside some restaurants and other food establishments, including ice cream shops.
Crane suggested expanding the mask order to include outdoor waiting areas, but the commission did not go that far.
Commissioner Jon Crane expressed concerns about outdoor waiting areas at restaurants. – Joe Hendricks | Sun
Commissioner Joe Muscatello asked if the city was going to encourage that masks be worn on the City Pier. The commission did not address the pier in its amended mask order, but Murphy said free masks are available at the pier entryway when the pier is open.
Commissioner Amy Tripp agreed with Crane and Short, but said enforcement of the outdoor waiting areas would be challenging. She recommended calling on business owners and patrons to use common sense instead.
Muscatello shared feedback he received from business owners.
“They don’t want to see a shutdown and they would go along with anything we came up with that was helpful,” he said.
Muscatello also provided personal perspective as a city resident.
“We seem to be so focused on the tourists. I think our first priority ought to be the residents. I pay a hell of a lot of property taxes to live here and I’m afraid to go to my own beach. We are here to serve the 1,500 people who live here and not the 40,000 people who come here to visit. I feel like a prisoner in my own home,” he said.
Commissioner Joe Muscatello said residents need to be the city’s first priority. – Joe Hendricks | Sun
Commission Chair Carol Carter suggested the non-binding language regarding outdoor waiting areas. She said face coverings in waiting areas not only protect patrons, but they protect the employees too.
“When we heard about places that closed, it’s been because an employee has shown signs of being infected with COVID,” Short added.
Regarding outdoor waiting areas, Murphy said, “The message should be we don’t want to legislate something – and that we will if we have to. The onus is at the point of contact at the restaurant itself to make sure this is done, not city hall.”
Under the local state of emergency, Murphy has the authority to extend the mask order every seven days without calling a special commission meeting to do so.
Murphy said the updated mask order would be emailed to business owners and vacation rental owners and agents.
To assist businesses, the city is offering free signs that reference the mask order. To request those signs email depclerk@cityofannamaria.com.
These signs now appear at the Waterfront Restaurant & Craft Bar and other restaurants and businesses in Anna Maria. – Joe Hendricks | Sun
ANNA MARIA – The city’s two-week election qualifying period opened Monday and closes at noon on Friday, Aug. 30.
Incumbent Commissioner Dale Woodland and Planning and Zoning Board Chairman Jon Crane have already filed their preliminary paperwork with the Manatee County Supervisor of Elections Office.
Longtime Commissioner Dale Woodland is seeking another term in office. – SubmittedPlanning and Zoning Board Chairman Jon Crane will seek a City Commission seat. – Submitted
Incumbent Commissioner Carol Carter recently indicated she will seek re-election, and longtime commissioner Doug Copeland recently announced he will not seek another term in office. Commissioners Amy Tripp and Brian Seymour are serving the first year of their two-year terms.
Carter, Crane, Woodland and any other candidates who qualify will compete for the three commission seats to be decided by Anna Maria’s registered voters in the city elections that conclude Tuesday, Nov. 5.
When asked why he’s running for a commission seat, Crane deferred to the written candidate’s statement he posted at the elections office website. In his statement, Crane noted his first priority is to represent the residents of Anna Maria. His statement also mentions preserving the city’s delicate ecosystem, allowing the city’s business community to thrive and maintaining “controlled, common sense growth” that respects residents’ rights to the quiet enjoyment of their property.
For more information on qualifying, visit the elections office or call the city clerk’s office at 941-708-6130.
ANNA MARIA – Amy Tripp has been appointed to fill the City Commission seat recently vacated by Nancy Yetter.
The commission appointment occurred at the Thursday, Feb. 22 commission meeting. Tripp will serve the remainder of the two-year term that expires in November.
Commissioners Carol Carter, Doug Copeland, Brian Seymour and Dale Woodland unanimously ranked Tripp as the top candidate from a trio that also included Jonathan Crane and David Bouchard.
The appointment process devised by City Attorney Becky Vose required each commissioner to rank on paper the three candidates as their first, second and third choices. The seat went to the candidate with the lowest total score.
Tripp’s score was four, followed by Crane’s nine and Bouchard’s 11.
Commission chair Doug Copeland thanked Crane and Bouchard for their willingness to serve and City Clerk LeAnne Addy swore Tripp in so she could participate in the rest of the meeting.
Candidates speak
Each candidate was given three minutes to speak before the commissioners voted.
“I saw an opportunity. I ran for commissioner a few years ago and thought it might be a good idea to throw my hat in the ring again. I hope to assist in any way I can,” Bouchard said.
Crane said, “I’d very much like to serve alongside all of you on this commission. I believe I’m the best candidate here in terms of qualifications because of my experience and because of my lifelong commitment to public service.”
He cited his current chairmanship of the Planning and Zoning Board and his experience as a private and public attorney, hearing officer, small claims judge and mediator in Los Angeles County.
Tripp spoke last.
“The Tripp family has had a presence in the city of Anna Maria for over 65 years. My father- -in-law (Ted Tripp) was a mayor and served on the Planning and Zoning Board for 25 years. My mother-in-law, Paula, was on the board of directors at the Historical Society and was a turtle watch volunteer before there was a Turtle Watch organization. I would like to follow their commitment to service,” she said.
“One thing that is most important to me is the home rule protection and I have worked the past two years trying to keep that in place,” she said.
Last year, Tripp gathered more than 600 petition signatures in opposition to the state Legislature’s unsuccessful attempt to eliminate local governments’ ability to regulate vacation rentals. She traveled to Tallahassee to meet privately with legislators and presented them with copies of her petition.
Working from home, she continued her advocacy efforts during the current legislative session that has seen state senators trying to preempt all vacation rental regulation to the state.
At the request of Mayor Dan Murphy, Tripp developed the Anna Maria bike route and route map two years ago.
“These things show that I know how to build a coalition to do positive things for the city,” Tripp said.
Tripp reaction
Tripp’s husband Alan was born on Anna Maria Island. While raising two daughters in Atlanta, the couple bought a second home in Anna Maria in 2001 and became full-time residents in 2013.
Speaking by phone on Friday, Tripp said, “I felt honored that I was their number one pick across the board. I feel it’s a good fit for me, the commission and the mayor and I look forward to working with them.”
Regarding home rule rights, Tripp said, “I think local government does the best job governing people. They’re the closest to us.”
Referencing comments that state Representatives Carlos Guillermo Smith and Kristin Jacobs made last week when discussing vacation rentals, Tripp stated, “Like they said, the homesteaded property owner should have privileged rights over an LLC owned by someone in another country or another state. They shouldn’t share the same privileges.”
When asked about Tripp’s appointment, Murphy said, “I’m pleased that Amy has joined the commission. She’s going to be a valuable member. She’s got great experience and she knows the all the issues.”
