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Anna Maria considers approving paid parking lot

Anna Maria considers approving paid parking lot

ANNA MARIA – There may soon be a new paid public parking lot in Anna Maria for beachgoers and other visitors.

On Aug. 14, the Anna Maria Planning and Zoning Board voted 5-0 in favor of recommending city commission approval for a paid parking lot at 9806 Gulf Drive at the corner of Gulf Drive and Magnolia Avenue. City commissioners will next consider the proposal.

Anna Maria considers approving paid parking lot
The proposed paid parking lot area is highlighted in red in this diagram. – City of Anna Maria | Submitted

Easy Parking Group owner/operator Josh LaRose presented the site plan approval request to the P&Z board on behalf of the property owner, JRHAMI LLC. The Florida Division of Corporations lists Bradenton resident Jerry Robert Hynton as the LLC’s registered agent and manager. Hynton is a pediatric dentist in Bradenton.

Anna Maria considers approving paid parking lot
Easy Parking Group owner Josh LaRose represented the property owner at the Planning and Zoning Board meeting. – Joe Hendricks | Sun

LaRose’s Sarasota-based company currently operates at least one similar paid parking lot in Anna Maria and has operated similar parking lots in Bradenton Beach. LaRose also operated the now-defunct Old Town Tram shuttle service in Bradenton Beach that was partially funded by the Com­munity Redevelopment Agency.

Anna Maria considers approving paid parking lot
If approved, paid parking lot users would enter and exist along Magnolia Avenue. – Joe Hendricks | Sun

Included in the planning board meeting packet was a memo written by City Planner Ashley Austin. According to the memo, the site plan proposes 22 paid parking spaces in the shell-covered parking lot, including one designated accessible parking space.

LaRose said the parking lot is currently blocked off to the public but some of the existing parking spaces are used by Ginny’s and Jane E’s Café & Gift Shop employees who work across the street. He said parking spaces would still be provided for those employees during daytime hours and the remaining spaces would be open to the public. Ginny’s and Jane E’s closes daily at 3 p.m.

Anna Maria considers approving paid parking lot
The paid parking lot would be located at 9806 Gulf Drive. – Joe Hendricks | Su

Austin’s memo notes the paid parking lot will provide additional public parking for beachgoers and those visiting the restaurants, retail shops and other businesses in that area.

The site plan proposes one payment kiosk and six parking management signs that feature QR codes that allow for parking payments made using a cell phone. Parking lot patrons will enter and exit the parking lot along Magnolia Avenue.

During the Aug. 14 meeting, Austin said parking lots are a permitted use in the city’s Residential/Office/Retail (ROR) zoning designation but the proposed use requires a city commission-approved site plan.

The site plan includes city-required landscape buffering along the western edge of the property and additional non-required landscape buffering along the southern edge of the parking lot property.

At the request of neighboring property owner Bob Dwyer, with LaRose in agreement, the non-required southern landscape buffering will be removed from the site plan because it would block a long-used secondary entry point to Dwyer’s residential properties at 109 and 113 Magnolia Ave.

When asked, LaRose said the parking rate would likely be in the $5- to $7-dollar-per-hour range and possibly $30 for an entire day, with potential increases during holidays.

Regarding enforcement, LaRose said the parking lot would be privately enforced by Easy Parking Group employees who use written warnings to educate violators and the booting or towing of vehicles when repeat or flagrant parking violations occur.

Homeowners’ property erroneously named in Kaleta lawsuit

Homeowners’ property erroneously named in Kaleta lawsuit

BRADENTON BEACH – Two city homeowners were surprised to see their property erroneously identified in a July lawsuit filed by Easy Parking Group (EPG) against developer Shawn Kaleta.

“I’ve never had any dealings with Shawn Kaleta or the parking company,” Mark Dexter, owner of 206 Church Ave., told The Sun on Aug. 30.

The Sun published a story on July 29 about the lawsuit complaint, which listed Dexter’s address as the location of a parking lot. The suit was filed in the 12th Judicial Circuit Court on July 18 and claimed fraudulent misrepresentation, unjust enrichment and breach of agreement by Kaleta and his Beach to Bay Investments Inc.

Easy Parking Group is represented in the lawsuit by Sarasota-based attorney Bailey Lowther.

“This may well be a mistake on my part,” Lowther told The Sun on Aug. 30. “I haven’t amended the complaint to verify the correct addresses.”

The suit followed the termination of Josh LaRose’s EPG parking management contract by Kaleta. LaRose is seeking damages in excess of $50,000.

The lawsuit alleges that Kaleta falsely represented that he, or Beach to Bay, owned or controlled the various properties in which EPG provided parking management and operation services. In that complaint, eight properties are listed, including the Church Avenue property owned by Dexter and Maria Trim.

It’s unclear what property Lowther intended to include in the lawsuit.

“EPG does not know if the actual legal property owners are even aware that their properties were used as private parking lots or if they received any portion of the resulting revenues,” according to the lawsuit.

EPG asked the court to order Kaleta to immediately identify the actual owners of each of the properties where EPG provided or agreed to provide parking management and operation services, identify the revenues, if any, received by each property owner from the operation as parking lots, and indemnify EPG from any actions brought by or damages owed to the actual owners of the subject properties.

LaRose sues Kaleta over parking contract termination

LaRose sues Kaleta over parking contract termination

BRADENTON BEACH – Following Shawn Kaleta’s termination of Easy Parking Group’s (EPG) contract to manage a Bridge Street parking lot, EPG owner Josh LaRose has filed a lawsuit against Kaleta and Beach to Bay Investments Inc. seeking damages in excess of $50,000.

The lawsuit, filed in the 12th Judicial Circuit Court on July 18, claims fraudulent misrepresentation, unjust enrichment and breach of agreement. The summons was served on the registered agent for Beach to Bay Investments, attorney Louis Najmy, on July 25. He has 20 days from then to respond on behalf of Kaleta, the president of Beach to Bay Investments. Kaleta is the only principal listed for the LLC on the Florida Division of Corporations website.

LaRose entered into the agreement on Jan. 12 with Beach to Bay Investments to provide management and operation services in exchange for a percentage of the net revenues generated by Kaleta’s parking lots, after agreed improvements and startup costs were repaid by Kaleta and basic operating expenses deducted from the gross revenues.

The initial term of the agreement was one year, with termination permitted without cause after the first six months with 30 days written notice.

On June 11, LaRose received a letter from Beach to Bay Investments Manager Sam Negrin terminating the agreement effective July 12, six months from the contract’s inception.

Negrin wrote The Sun in a text message on July 28 that EPG owes money to Beach to Bay.

“We are surprised they sued in response to our letter seeking payment,” he wrote. “We look forward to resolving the issues and recovering the funds owed to us.”

BREACH OF AGREEMENT CLAIM

The letter to LaRose states in part, “All meter equipment, signage, parking equipment and other equipment installed on the parking lots must be removed by July 26, 2024 or they will become the property of Beach to Bay Investments Inc.”

The suit claims that immediately after sending the notice of termination, and prior to July 12, Beach to Bay and/or Kaleta entered the parking lots and removed EPG’s parking app signs, installing new signs with instructions for making payment using a payment app, QR code or Text to Pay system with payments sent directly to Kaleta or his affiliate. Replacement parking meters also were installed and tape was placed over EPG parking meters, according to the complaint.

“The agreement prohibits Beach to Bay from terminating the services prior to July 12, 2024 and also prohibits the removal of parking meters and payment signage installed by EPG,” according to the complaint.

FRAUDULENT MISREPRESENTATION CLAIM

The lawsuit alleges that Kaleta falsely represented that he, or Beach to Bay, owned or controlled all the properties on which EPG provided parking management and operation services.

“Shortly after entering into the agreement, Kaleta, the president of Beach to Bay, tore down various structures on three additional properties immediately adjacent to 219 Gulf Drive S. (the property identified in the agreement), namely 101 Bridge St., 105 Bridge St. and 106 Third St. S., and asked EPG to expand its parking management and operation services onto the newly empty land. Kaleta did not tell EPG that the adjacent properties were legally separate and distinct from 219 Gulf Drive S., with different municipal addresses and owners, but rather represented that they were part and parcel of 219 Gulf Drive,” the complaint states.

“EPG does not know if the actual legal property owners are even aware that their properties were used as private parking lots or if they received any portion of the resulting revenues,” according to the complaint.

EPG asked the court to order Kaleta to immediately identify the owners of each of the properties where EPG provided or agreed to provide parking management and operation services, identify the revenues, if any, received by each property owner from the operation as parking lots and indemnify EPG from any actions brought by the owners of the properties.

EPG also provided parking management and operation services for Bradenton Beach properties at 206 Church Ave., 207 Church Ave., 102 Third St. N. and 202 First St. N.

The Manatee County Property Appraiser’s office website lists the owner of 206 Church Ave. as D&C Properties of Tampa LLC, with Maria Trim and Mark Dexter of Tampa as principals.

“While all of the properties but one (219 Gulf Drive S.) are owned by LLCs that are effectively owned, at least in part, and/or managed by Mr. Kaleta, Easy Parking Group provided its services under the impression that all of the properties were owned exclusively by Mr. Kaleta and/or Beach to Bay Investments Inc.,” LaRose’s Sarasota-based attorney, Bailey Lowther, wrote in a July 27 email to The Sun. “Accordingly, all of the parking revenues from the various lots paid by EPG were deposited into the same bank account, presumably belonging to Beach to Bay. If Beach to Bay failed to distribute those revenues properly, i.e. to the LLCs that owned the parking lot properties, EPG potentially faces claims from those LLCs.”

If one or more of those LLCs has members other than Kaleta, Lowther said it raises potential questions that include whether or not all the members of the LLC knew and consented to the property being used as a parking lot, and whether the LLC members received their fair share of the revenues.

“Depending on the ownership and operating agreement of each particular LLC, if the answer to any one of the questions is ‘no,’ my client could very well be sued by one or more of the LLC property owners,” she wrote.

Beach to Bay’s Negrin disputes the claim that Kaleta was using properties he wasn’t entitled to use.

“He is either the owner or agent of all of the properties,” Negrin told The Sun on July 27.

“With respect to 219 Gulf Drive S., which is owned by AMI Plaza LLC, Mr. Kaleta told my client, and the agreement specifically states, that property was owned by Beach to Bay Investments Inc.,” Lowther wrote. “Also, all of the questions above, and my concerns about the potential liability of my client, are applicable to the owner/landlord of 219 Gulf Drive S.”

According to the Florida Division of Corporations website, the owner of AMI Plaza LLC is Firkins Nissan. Registered agent William Saba confirmed in a July 27 telephone interview with The Sun that Kaleta leases the property from him.

“We have a written lease agreement,” Saba said. “Shawn is entitled to use the property.”

UNJUST ENRICHMENT CLAIM

“EPG, in providing its parking management and operation services, including but not limited to undertaking and incurring inception and start-up activities and costs, to Beach to Bay and Kaleta, conferred benefits on Beach to Bay and Kaleta,” according to the lawsuit complaint. “The reception and retention of the benefits conferred by EPG by Beach to Bay and Kaleta is inequitable unless Beach to Bay and Kaleta are required to pay EPG for the value of the benefits.”

Commission declines paid parking proposal

Commission declines paid parking proposal

BRADENTON BEACH – The city commission has rejected a paid parking proposal that city staff negotiated with Easy Parking Group owner Josh LaRose.

After two and a half hours of discussion on Sept. 15, commissioners unanimously supported Commissioner Ralph Cole’s suggestion to schedule a future work meeting to continue the discussion and decision-making process that may include soliciting bids from additional operators.

Public input from Bridge Street business owners and employees helped convince the city commission and staff to slow their efforts to implement a paid parking program. All parties involved agreed that it’s crucial to address employee parking as part of any paid parking plan.

Commission declines paid parking proposal
Paid parking is being considered for the unpaved parking lot near the Bradenton Beach cell tower. – Joe Hendricks | Sun

Thursday’s well-attended discussion began with City Attorney Ricinda Perry providing an overview of paid parking discussions to date. She said the goal is to provide more revenues for the city without placing that financial burden on taxpayers and permanent residents who already pay the highest millage rate on the Island.

Perry said paid parking revenues would be used for three primary reasons – to increase funding for the police department; to replace, maintain or upgrade the aging city buildings, including city hall; and to improve the city’s existing parking areas.

Parking proposal

On Aug. 30, the commission discussed soliciting additional paid parking proposals but then authorized Perry and a team of city staff members to engage in direct negotiations with LaRose, whose Easy Parking Group already operates the Community Redevelopment Agency-funded Old Town Tram program.

The publicly noticed negotiations occurred at city hall on Sept. 6 and produced the proposal that Perry and LaRose presented on Sept. 15.

Perry said paid parking in 56 city-owned spaces at $3.50 per hour would generate an estimated $744,902 in revenue with the city would receiving 63%, or $469,288, and the Easy Parking Group receiving 37%, or $275,614.

The 56 parking spaces are located in the public parking lot along First Street North, behind the BridgeWalk resort, and near the police station, public works building and cell tower at the end of Highland and Church avenues.

Commission declines paid parking proposal
This diagram was included in the paid parking proposal. – City of Bradenton Beach | Submitted

Public parking spaces along Bridge Street were not included in LaRose’s proposal and it was noted that not including them would result in those free parking spots being used by employees and beachgoers.

LaRose said the city would incur no upfront or ongoing costs and his company would provide all the equipment and personnel needed to implement, support and enforce a paid parking operation that would require users to enter their license plate number and pay with a credit or debit card.

Public input

During public input, Bradenton Beach Marina owner Mike Bazzy said he had some reservations about paid parking and the unintended consequences that could include more visitors and employees parking in residential areas.

“If you’re going to do paid parking, do it everywhere, not just in a few locations,” he suggested.

Commission declines paid parking proposal
Bridge Street Jewelers employee Brandt Clark opposes paid parking. – Joe Hendricks | Sun

Bridge Street Jewelers employee Brandt Clark presented a petition containing the signatures of 360 people who oppose paid parking. Clark asked where the employees would park and he noted those who begin working earlier in the day can’t park at Cortez Beach or Coquina Beach and ride the Old Town Tram because they don’t start running until 11 a.m. Clark said paid parking would take money out of the pockets of the employees the Bridge Street businesses depend on.

Paradise Boat Tours General Manager Sherman Baldwin said the business owners he spoke with oppose Bradenton Beach becoming the first city on the Island to implement paid parking. He said paid parking would create additional revenues for the city but wouldn’t address the lack of parking.

Mermaid Haven owner Deb Myers said the proposed plan wouldn’t resolve the issue of employees parking in spaces that could be used by customers.

Commissioner Jake Spooner said paid parking would create turnover of the existing parking spaces and allow more people to visit Bridge Street. He agreed that employee parking must be addressed, but if done right, paid parking could be a win for everybody.

BridgeWalk resort owner Angela Rodocker provides parking for her guests and employees, but she said she supports paid parking if it addresses employee parking.

Rodocker has been critical of LaRose’s operation of the Old Town Trams. She suggested the city implement paid parking on its own and not give up a significant percentage of the revenue.

Perry said a competitive bidding process might be a better route and Mayor John Chappie noted that wouldn’t prevent LaRose from submitting another proposal.

Sea-renity Beach Spa owner Amanda Escobio agreed with Rodocker’s comments and cautioned that paid parking could result in some employees deciding not to work in Bradenton Beach, which would further exacerbate the ongoing labor shortage. Island Time restaurant co-owner Ron

Fuller said he witnessed the paid parking implementation in St. Armands Circle and the initial implementation was “an absolute disaster.”

Commissioner Jan Vosburgh said, “I don’t think it’s up to the city to supply parking for businesses. You have a business and it’s up to you.”

Police Chief John Cosby agreed that employee parking is a problem, but he noted city code allows Bridge Street establishments and businesses to be built and operated without any parking requirements. Cosby said he supports paid parking but is concerned that the city is moving too fast. He also said a lot of people don’t feel comfortable with LaRose as the project operator. Some of Cosby’s other concerns are a lack of enough officers to enforce paid parking and that the city doesn’t have the staff or the experience to implement a paid parking program on its own.

Paid parking plans taking shape

Paid parking coming to Bradenton Beach

BRADENTON BEACH – City officials soon will begin negotiating with Easy Parking Group owner Josh LaRose to create a paid parking program on city-owned lots.

The commission unanimously authorized City Attorney Ricinda Perry, Police Chief John Cosby and other members of the city team on Aug. 30 to enter into direct contract negotiations with LaRose to implement a paid parking pilot program that provides the city the ability to evaluate the effectiveness of the initial program before entering into a long-term contract.

“I figured I’d put it on the agenda and see what everyone else’s thoughts are,” Commissioner Jake Spooner said when initiating the paid parking discussion.

“Paid parking can give us a nice stream of revenue without raising the millage or doing other things to raise the funds that are needed,” he added, noting that paid parking revenues could help subsidize the city’s police department.

Paid parking plans taking shape
Commissioner Jake Spooner requested the paid parking discussion. – Joe Hendricks | Sun

As part of his research, Spooner engaged in preliminary discussions with LaRose, who for the past two years has provided the trams and drivers for the Community Redevelopment Agency (CRA)-funded Old Town Tram parking shuttle program.

LaRose’s Sarasota-based company provides and manages the paid parking kiosk located in one of the Sandbar restaurant’s overflow parking lots in Anna Maria. He also provides and manages paid parking systems in downtown Sarasota, St. Armands Circle and Venice.

Paid parking plans taking shape
Easy Parking Group owner Josh LaRose presented his paid parking proposal to the city commission. – Joe Hendricks | Sun

Spooner said paid parking would help create more turnover and make more parking spaces available to those who visit the CRA district, which includes Bridge Street.

Agreeing with Spooner’s statement, LaRose said a paid parking program would also encourage those who don’t want to pay for parking to park in the nearby Cortez Beach parking lot and use the free Old Town Trams to get to their destinations in the CRA district.

LaRose proposed a pilot program creating paid parking in the city-owned portion of the lot located between First Street North and the backside of the BridgeWalk resort, and the city-owned spaces near the police station and public works building along Highland Avenue.

Paid parking plans taking shape
The city-owned parking spaces near the police station are included in the paid parking proposal. – Joe Hendricks | Sun

Spooner suggested the public parking spaces along Bridge Street could also be used for paid parking to help discourage employee parking in those spaces. That option might be presented for future discussion.

Private parking lots generally charge $4.50 to $5 an hour, LaRose said. For Bradenton Beach, he proposed charging $3.50 an hour, which could be increased, decreased or waived as needed with users paying using onsite payment kiosks or their cell phones. Cosby said he liked the idea of potentially increasing the parking rate on certain holidays to help control the number of visitors coming to the city.

LaRose suggested allowing Bradenton Beach residents to park for free or at a discounted rate using their city-issued hurricane re-entry tags or a parking decal to be issued by the city.

“We’re really only taxing the visitors that come here,” he said.

Paid parking plans taking shape
This payment kiosk in the Sandbar restaurant’s overflow parking lot in Anna Maria provides paid public parking for beachgoers and others. – Joe Hendricks | Sun

Using a conservative estimate, LaRose said the proposed 56 parking spaces would generate between $240,000 to $343,000 in net revenues per year, depending on whether his company provides a full-time parking ambassador who’s paid an hourly rate to enforce the paid parking.

LaRose said his company uses the same parking enforcement technology that’s used by police departments. He said his company’s enforcement aimed primarily at educating users but can result in boots being placed on vehicles if needed.

The enforcement costs will depend on whether his company receives 100% of the revenues generated by the parking citations issued by his employees, LaRose said. A typical enforcement period is 11 a.m. to 9 p.m., but his company enforces parking in downtown Sarasota until 2 a.m. and in some parking lots, enforcement begins at 8 a.m.

LaRose said there would be no start-up costs or out-of-pocket expenses for the city. He proposes a 50-50 split of the net parking revenues that remain after equipment, signs, enforcement and other expenses are deducted. The city commission favors a 60-40 split. LaRose said the revenue sharing can be further negotiated before an agreement is finalized.

Cosby said it’s important to designate in advance how the paid parking revenues will be spent. He suggested using some of those revenues to replace the aging city hall building. Commissioner Ralph Cole said some of the revenue needs to be used to for additional funding of the city police department that has to deal with the increased enforcement needs created by the large number of visitors coming to Bradenton Beach.

Mayor John Chappie asked if the city is required to put the paid parking services out to bid so other companies can submit proposals. Perry said the city’s procurement policy allows the municipality to enter into direct negotiations with LaRose because he already serves as the CRA’s contracted parking tram provider, adding that the discussions must be conducted in a public setting in accordance with Florida’s Government in the Sunshine Law. Cosby noted the Easy Parking Group is a local company and said he and city staff already have a good working relationship with LaRose.