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Tag: Kevin Van Ostenbridge

Kruse call log reveals private conversations between commissioners

Call log reveals private conversations among county commissioners

MANATEE COUNTY – County Commissioner George Kruse’s personal call log indicates he has had numerous private phone conversations with commissioners Vanessa Baugh, James Satcher and Kevin Van Ostenbridge since being elected.

It is not illegal for members of the same elected body to communicate by phone, text message or email, but it is a violation of Florida Sunshine Law if they discuss anything that has, will or could foreseeably come before them as official county business.

On Tuesday, Dec. 8, Kruse provided paralegal Michael Barfield with a call log and a copy of a text message exchange he had with Satcher. Kruse produced those records in response to the public records request he received from Barfield on Friday, Nov. 20.

Baugh, Satcher, Van Ostenbridge and former commissioner Steve Jonsson received similar records requests and were originally given until Friday, Dec. 4 to respond. Barfield made his records request according to Florida’s Public Records Act.

According to Kruse’s call log, he had, or attempted to have, 16 telephone communications with Baugh during the Nov. 3 to Nov. 20 timeframe specified in Barfield’s records request.

Kruse had three phone communications with Satcher and two with Van Ostenbridge during that same period. He also made one call and received one call from developer Carlos Beruff, and on Nov. 20, Kruse called 12th Judicial Circuit Court Judge Edward Nicholas.

Nicholas swore Kruse in as a county commissioner on Tuesday, Nov. 17. Satcher and Van Ostenbridge were also sworn in that day as new commissioners, joined by Baugh, an incumbent who was elected to another term.

Later that day, the newly-reconfigured commission participated in a commission work meeting. Kruse left Satcher a voice mail at 6:39 p.m. and called him again at 10:18 p.m., according to his call log. At 10:22 p.m., Kruse called Baugh, and then called her again at 9 a.m. the following morning.

At 6:45 a.m. on Thursday, Nov. 19, Kruse sent Satcher a text message that said, “Ignore our call the other night. Stick to original.”

Kruse call log reveals private conversations between commissioners
George Kruse provided Michael Barfield a copy of this text message exchange he had with Commissioner James Satcher. – Submitted | Michael Barfield

During the work meeting that took place later that morning, the commission adopted by 4-3 vote a county resolution presented by Baugh with no public notice. The adopted resolution now allows the commission to change its meeting procedures while a meeting is in progress, with no advance notice to the public.

“Any of the foregoing rules may be waived at any board meeting then in session by a majority vote of the board, unless such waiver is in conflict with state or local law,” according to Resolution 20-191.

Van Ostenbridge then initiated a discussion, with no advance public notice, that resulted in a 4-3 vote to put County Administrator Cheri Coryea on notice that her potential termination would be discussed and determined on Wednesday, Jan. 6.

Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed the Nov. 19 actions initiated by Baugh and Van Ostenbridge.

Bellamy said the efforts to terminate Coryea seemed “premeditated” and Whitmore said they seemed “orchestrated.”

Barfield began submitting his records requests the following day.

Barfield’s reaction

“It’s a bombshell,” Barfield said Wednesday afternoon when discussing these initial discoveries.

According to Barfield, the three new commissioners became subject to the Public Records Act and the Florida Sunshine Law once the election results were known on Nov. 3. As an incumbent, Baugh has long been required to comply with the Public Records Act and the Sunshine Law.

“There’s 16 calls between Vanessa Baugh and George Kruse at various times,” Barfield said.

Kruse call log reveals private conversations between commissioners
Commissioner Vanessa Baugh had 16 phone communications with Commissioner George Kruse. – Joe Hendricks | Sun

“That message about ‘ignore the other night’ is so telling, coming hours before the Nov. 19 meeting began,” Barfield said about the Kruse-Satcher text message exchange.

“It seems to me this is strong evidence of coordination in advance of a meeting,” Barfield said regarding the various communications between commissioners.

Barfield said Baugh had not provided him with an original draft copy of the resolution she presented with no public notice.

He said Baugh’s official county emails indicate she had a conversation with the county attorney’s office on Nov. 18 about her requested resolution, but did not provide the county attorney’s office with a digital copy of the document.

“To date, she has not produced that record. Vanessa did provide a photograph of the draft language of the resolution,” Barfield said.

Barfield questions whether Baugh or someone else wrote the original draft of that resolution.

Still awaiting records

Barfield said he received some preliminary records from Van Ostenbridge Wednesday afternoon and was told he’d receive copies of Van Ostenbridge’s text messages and personal call log on Thursday.

Regarding Baugh, he said, “I received a couple emails from her official county account and a phone log from her official county phone that has virtually nothing on it. I’ve received nothing from her private email accounts or her private cell phone, including her text messages and call log.”

Barfield said Satcher produced some records Tuesday night that he was still reviewing.

When asked where all of this might be headed, Barfield said, “I’m still collecting evidence.”

Kruse call log reveals private conversations between commissioners
Commissioner James Satcher received a summons when he arrived for Thursday morning’s work meeting. – Joe Hendricks | Sun

Just before the start of Thursday morning’s county commission work meeting at the Bradenton Area Convention Center in Palmetto, Satcher was served with a summons from the Manatee County Clerk of Court.

According to Barfield, the summons formally started the five-day window for Satcher to show cause to the court as to why the records request should not be granted.

As he walked into the meeting area, Satcher said, “I just got served. I love this job.”

Kruse call log reveals private conversations between commissioners

Paralegal Michael Barfield attended the county commission work meeting Thursday morning. – Joe Hendricks | Sun

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Satcher named as defendant in public records action

 

Sunshine Law expert seeks records from county commissioners

Proposed Coryea termination prompts procedural concerns

Proposed Coryea termination prompts concerns, objections

MANATEE COUNTY – Efforts to fire County Administrator Cheri Coryea have prompted objections and procedural concerns should the commission decide to terminate her from the position.

Newly-elected commissioners Kevin Van Ostenbridge, George Kruse and James Satcher, along with Commissioner Vanessa Baugh, voted unexpectedly on Nov. 19 to begin termination procedures against Coryea, who has worked for the county for more than 30 years.

Reactions include County Commissioner Misty Servia’s Nov. 23 email regarding Coryea’s possible termination, sent to several upper-level county staff members.

“I would like to add an item to the Dec. 15 agenda. In order to prepare for the possible firing of our county administrator on Jan. 6, I would like to understand the succession plan so that county business continues with limited interruptions. Below are the items I would like for our board to discuss to prepare for the possible termination of Administrator Coryea:

  • Do we have a succession plan that is a part of the ordinance that establishes the county administrator position?
  • Who will be appointed in the interim until a permanent county administrator is hired?
  • If one of the deputy county administrators is appointed as interim county administrator, will we need to appoint an interim deputy county administrator? If so who will that be?
  • Are there any other potential gaps in the organization that need to be considered to ensure seamless government operations?
  • What process is envisioned for hiring the next county administrator? Will the public be involved?
  • Are there any changes planned to the county administrator job description?”
Proposed Coryea termination prompts procedural concerns
On Nov. 19, County Commissioner Kevin Van Ostenbridge proposed terminating the county administrator. – Joe Hendricks | Sun

County resident Shane Wedel emailed County Commissioner Carol Whitmore regarding Coryea’s potential severance pay.

“I have been looking at Ms. Coryea’s publicly available contract. I noticed that Section II, 1, b, (2) indicates that Ms. Coryea would be due a severance payment for being let go without cause to be paid within 10 business days after the effective termination date. Her contract stipulates that this would be 20 weeks of her pay plus accumulated leave payouts, which for such a long-standing employee is likely to be substantial,” Wedel wrote.

“This information would certainly be important for the public and for the rest of the board of county commissioners to be aware of. Hopefully, the newer members are aware of this stipulation in her contract. I believe the public deserves to be aware of this ‘responsible’ use of limited resources if it (Coryea’s termination) becomes reality,” Wedel wrote.

Whitmore referred Wedel’s comments to Human Resources Director Kim Stroud.

County Attorney Mickey Palmer distributed an email on Nov. 25 to county commissioners and others regarding the potential termination process.

“This is information that I will be prepared to share with the BCC at the Board’s December 15 meeting. But there is no time like the present, I suppose. By copy of this reply to personnel in both Human Resources and Payroll (a division of the Clerk’s Office), I am asking them to run the calculations with a projected termination date of Jan. 6. My preference would be that the folks in Payroll and HR be of one mind on the calculations, and that the calculations be forwarded to me as promptly as they are completed.”

Also on that date, Manatee County Government Agenda Coordinator Diane Vollmer distributed an email to county commissioners, Coryea and several other staff members regarding the Jan. 6 discussion.

“Inasmuch as there is a legislative delegation meeting scheduled in the Longboat Key Room at the Convention Center from 9 a.m. to 1 p.m. on Wednesday, Jan. 6, the special meeting to vote to terminate the county administrator’s contract has been scheduled for that afternoon from 1:30 p.m. to 5 p.m. In the event the meeting is not concluded at that time, it will be continued to 5 p.m. on Jan. 7, following the land use meeting,” Vollmer wrote.

League of Women Voters supports Coryea

Proposed Coryea termination prompts procedural concerns

League of Women Voters of Manatee County President Alice Newlon sent Whitmore an email on Nov. 27 stating the League’s position on the proposed termination.

“The League of Women Voters has actively worked supporting good governance for the last 100 years. We oppose the actions taken by the four county commissioners (Vanessa Baugh, George Kruse, James Satcher and Kevin Van Ostenbridge) at the Nov. 19 meeting where they: 1) improperly brought up and voted on, with no public notice or notice to their fellow commissioners, significant changes to county operations; 2) came with and passed a resolution allowing the commission, by majority vote, to ignore procedures designed to allow public notice and input and 3) voted to initiate the termination of Cheri Coryea, without notice, without cause and without any forethought of the community repercussions,” Newlon wrote.

“We hear that those who voted to terminate the administrator want to run our county like a business and take the county in a new direction. However, county government has a different structure and purpose than that of a business. As a business, making a profit is the primary goal.

“In contrast, a county government operates any services, not for profit, but for the well-being of its citizens. The similarity? Both businesses and government retain high-performance employees. What they normally do not do is fire without prior warning, using a weak excuse.

 

“A recent decision to remove our county administrator during an already precarious time in the life of our community – the disruption of COVID-19 – is destabilizing and serves to create increased uncertainty.

“The loss of Manatee County Administrator Cheri Coryea would be a great loss to our county, considering her excellent work and high ratings by her supervisors and praise from those who worked with her.

“As an employee for over 30 years, she served in a number of positions, doing well for the county, its communities and its citizens, always improving what she found. She has been called the best county manager in the state.

“We urge you to return to the procedures that have created a government allowing for proper research, planning and notice.

“We also urge you to reverse the rash decision to terminate Cheri Coryea and instead take the time to reassess, in collaboration with the many entities of this community, and develop a long term strategy that will help all of Manatee County and its residents continue to thrive, ” Newlon’s letter said in conclusion.

Sunshine Law expert seeks records from four county commissioners

Sunshine Law expert seeks records from county commissioners

Updated Nov. 23, 2020 – BRADENTON – Thursday’s Manatee County Commission discussion about potentially terminating County Administrator Cheri Coryea has triggered a public records request from Florida Sunshine Law expert Michael Barfield.

On Friday afternoon, Barfield, a paralegal, submitted individual written public records requests to county commissioners Vanessa Baugh, George Kruse, James Satcher and Kevin Van Ostenbridge. County Attorney Mickey Palmer was copied on each of the requests Barfield submitted on behalf of Sarasota-based Denovo Law Services.

The records requests seek the public records in the individual possession of Baugh, Kruse, Satcher and Van Ostenbridge. A subsequent request seeks records from former Commissioner Steve Jonsson.

On Nov. 3, Baugh was re-elected as the county’s District 5 commissioner. Kruse was elected as the at-large District 7 commissioner. Satcher was elected as the District 1 commissioner. Van Ostenbridge was elected as the District 3 commissioner, a district that encompasses Anna Maria Island, Cortez and west Bradenton.

Sunshine Law expert investigating efforts to terminate county administrator
County Commissioner Vanessa Baugh is the subject of the public records request. – Joe Hendricks | Sun

The four commissioners were sworn into office on Tuesday, Nov. 17. Two days later, Van Ostenbridge initiated, with no advance public notice, a preliminary discussion seeking the termination of Coryea without cause.

At the conclusion of Thursday’s discussion, the newly-reconfigured county commission voted 4-3 in favor of putting Coryea on notice that her potential termination would be discussed at a special county commission meeting on Wednesday, Jan. 6. Baugh, Kruse, Satcher and Van Ostenbridge supported that action. Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed that action.

Sunshine Law expert investigating efforts to terminate county administrator
Commissioner Kevin Van Ostenbridge initiated Thursday’s termination discussion with no advance public notice. – Joe Hendricks | Sun

During Thursday’s discussion, Bellamy said the efforts to oust Coryea appeared to be “premeditated.” Whitmore said the efforts appeared to be “orchestrated.” Servia called the Van Ostenbridge-led efforts “reckless” and “dangerous.”

Records requests

According to the public records requests: “This is a request for records pursuant to Chapter 119, Florida Statutes, otherwise known as the Public Records Act of the Florida Constitution. We understand that a citizen is not required to make a written request to obtain public records under the act, but we want to be clear what we are seeking from you.”

The records requests pertain to the following records made, sent or received in connection with the transaction of official business, or the rendition of services on behalf of each of the four request recipients:

  • All emails sent or received from Nov. 3, 2020 to Nov. 20, 2020.
  • All text messages sent or received from November 3 to November 20.
  • All messages sent or received via any digital app or social media platform from Nov. 3 to Nov. 20.
  • A detailed phone log of all calls made or received between the period Nov. 3 and Nov. 20.
Sunshine Law expert investigating efforts to terminate county administrator
Commissioner James Satcher is the recipient of a public records request. – Joe Hendricks | Sun

According to the records requests, the term “record” or “public records” also includes responsive records in both digital and hard copy formats, including email, text, SMS, MMS, .doc and voicemail.

According to the requests, “This request for records further includes any responsive records sent or received by any individual or entity via any private, nongovernmental account, as well as those records maintained, stored or archived in the cloud, on a shared drive, on the Internet, via social media accounts or any other electronic device such as a cell phone, tablet, flash drive, that is capable of sending, receiving or storing digital information.”

The records requests are also directed to any individual or entity – including any other public or private agency, person, partnership, corporation or business entity – acting on their behalf of any of the records request recipients.

“If you contend that any record, or portion thereof, is exempt from inspection, please state in writing the basis for the exemption and include the applicable statutory exemption,” the records requests note.

The records requests state the requested records shall not be disposed of for a period of 30 days after the written records requests were submitted on Friday.

Sunshine Law expert investigating efforts to terminate county administrator
Commissioner George Kruse has received a public records request. – Joe Hendricks | Sun

Citing Florida Statutes, the records requests state: “If a civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of a court of competent jurisdiction after notice to all affected parties.

“The absence of a civil action instituted does not relieve the custodian of public records of the duty to maintain the record as a public record if the record is in fact a public record subject to public inspection and copying and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record.

“We are requesting that you notify each and every individual and entity in possession of records responsive to this request, and that all such records be preserved on an immediate basis.

“Please produce all records responsive to this request as provided by 119.12(1)(b), Fla. Statute,” the public records requests say in conclusion.

According to Barfield, the three new commissioners – Kruse, Satcher and Van Ostenbridge – became subject to the Public Records Act and the Florida Sunshine Law at the conclusion of the Nov. 3 elections.

According to Barfield, the four commissioners have until early December to fulfill the public records requests.

Recent Sunshine case

While assisting the attorneys representing the city of Bradenton Beach, Barfield recently played a significant role in the city prevailing in a Sunshine Law lawsuit that resulted in two of the six defendants paying the city $350,000 on Friday.

The $350,00 payment was partial reimbursement for the attorney fees the city incurred as a result of a civil lawsuit the city filed against six former city advisory board members in 2017.

An extensive number of emails and other records and documents Barfield obtained from the defendants and others in that case factored into the judge’s 2019 ruling that Sunshine Law violations occurred.

Related coverage

 

Van Ostenbridge proposes terminating county administrator

Van Ostenbridge proposes terminating county administrator

Van Ostenbridge proposes terminating county administrator

Updated Nov. 23, 2020 – BRADENTON – Newly-elected District 3 Commissioner Kevin Van Ostenbridge initiated an effort on Thursday to terminate County Administrator Cheri Coryea.

The Manatee County Commission is scheduled on Wednesday, Jan. 6 to debate and vote on the potential termination of Coryea, who has been on the county’s staff for more than 30 years.

As newly-elected commissioners, Van Ostenbridge, James Satcher and George Kruse were sworn in on Tuesday. They participated in a work session that day which resulted in Van Ostenbridge requesting a special commission meeting on Thursday to discuss the county’s legal rights in the event of a federally-ordered economic shutdown.

Terminating the county administrator was not an item on Thursday’s special meeting agenda, so no public notice was issued to the public, the commissioner, Coryea or county staff.

Commissioners Vanessa Baugh, Satcher and Kruse ultimately supported Van Ostenbridge’s motion to put Coryea on at least 15 days’ notice that a discussion pertaining to her potential termination is now pending. Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed that action. The 15-day time frame was later extended until after the holidays.

With about 1,900 employees under her supervision, Coryea carries out the directives of the county commission and oversees the operations of the county. She was named acting county administrator on Feb. 26, 2019. On May 21, 2019, the county commission approved removed “acting” from her job title and made her Manatee County’s first female county administrator.

Surprise discussion

As Thursday’s special commission meeting neared what was thought to be its conclusion, Van Ostenbridge said, “There is something else I’d like to bring forward. It’s a serious matter. I want to bring up the matter of our county administrator. I like Cheri very much as a person. I think she’s a great individual. However, I have a different vision for the administrator position. I admire her dedication to the county and her many years of service, but I’m a private sector person and she’s more of a public sector person.

“My vision is that government should, whenever possible, mirror the private sector. I think we need a shift of culture within the county. I saw the direction that she was leading the county and the direction she was steering the committee at times and I disagree with it fundamentally,” Van Ostenbridge said.

Van Ostenbridge proposes terminating county administrator
Commissioner Kevin Van Ostenbridge seeks to terminate the county administrator. – Joe Hendricks | Sun

Van Ostenbridge then referenced the county’s recent purchase of a 161-acre property in east Manatee County at 8520 State Road 64. The newly acquired property is across the street and slightly north of the county’s Lena Road Landfill.

“Cheri did not make that decision. The board made that decision.” – Commissioner Reggie Bellamy

The decision to purchase that property was finalized by a 5-2 commission vote in October, with Baugh and then-Commissioner Steve Jonsson voting in opposition. According to the sale and purchase contract dated Oct. 13, and signed by then-Commission Chair Betsy Benac, the county purchased the mostly vacant property from Musgrave Real Estate Holdings for $30,185,625.

The warranty deed that transferred ownership of the property from Musgrave Real Estate Holdings to Manatee County was signed by Kimberly Musgrave Schmidt and notarized by Karen Calyer on Friday, Nov. 13, with attorney Caleb Grimes signing as the second witness.

The property was purchased with the intent of creating the Central County Complex that would provide a district office for the Manatee County Sheriff’s Office and additional facilities for the county’s Public Works Department and Utilities Department.

“I, and some colleagues of mine, value that property at $6 million. The previous commission voted twice to go through with that purchase. I was pretty vocal against it. Commissioner Kruse was incoming at the time – he was pretty vocal against it. Mr. Satcher made public comments that he didn’t agree with it as well. It was pretty obvious that the incoming commission did not want this,” said Van Ostenbridge, a Realtor with Boyd Realty.

“The closing date of that property was hurried to last Friday. Funds have changed hands and it’s a done deal. I feel very saddled now with that cost and that property, as well as the burdens of the improvements that have to be made,” he said.

Van Ostenbridge also mentioned the purchase negotiations led by Utilities Department Director Mike Gore.

“I didn’t agree with the process, having Mr. Gore lead the negotiations. I didn’t feel he was qualified. Day-to-day operations are run by the administrator, so ultimately that falls on the administrator. I think tens of millions of tax dollars were wasted on that purchase. It’s the position of this commissioner that the $25 million in wasted tax money is a fireable offense,” Van Ostenbridge said.

The property is appraised at about $18.5 million, according to a June report obtained by The Sun and written by Hettema Saba Commercial Real Estate Valuation Advisory Services.

“Based on the known factors creating and affecting value, it is my opinion that the market value for the subject property in its ‘as is’ condition, as of June 18, was $18,448,000,” according to a letter signed by state-certified general real estate appraiser Ronald Saba and addressed to Brandie Adams, the real property specialist for Manatee County’s Property Acquisition Division.

”The purpose of the appraisal is to provide an opinion of the market value. The report is intended to be used by the client to make a purchase price decision,” Saba wrote.

The $30,185,625 purchase price equates to $187,488 per acre, with the most recent comparable property in that vicinity at that time selling for $310,218 per acre, according to a staff presentation to county commissioners on Oct. 13. The price per acre in that vicinity over the past 10 years was $496,923.

After a recess during last Thursday’s meeting, Commissioner Carol Whitmore sought insight from Chief Assistant County Attorney Bill Clague.

“Miss Coryea’s service as county administrator is by agreement between her and the county. That agreement has provisions in it that govern the circumstances under which the board can dismiss her. They require that the board provide her with at least 15 days’ notice prior to conducting a meeting to make that decision. The most the board could do today would be to direct our office to provide her with that notice and schedule a meeting to consider that. I would advise the board to be careful in this meeting about going into the legalities or the details of those things,” Clague said.

Whitmore noted the land purchase was actually initiated by previous County Administrator Ed Hunzeker.

Whitmore referenced a Nov. 15 story published at the Bradenton Times website that included the headline, “Are Special Interests Gunning for County Administrator?” The story states developer Carlos Beruff and other members of the development community pushed for Lakewood Ranch Business Alliance President Dom Dimaio to succeed Hunzeker, rather than Coryea.

“I was called, you all were called, by a developer who didn’t want Cheri in the job,” Whitmore said.

She also said that the developer supported Van Ostenbridge, Satcher and Kruse’s campaigns.

Van Ostenbridge proposes terminating county administrator
Commissioner Carol Whitmore believes an orchestrated effort is afoot to replace the county administrator. – Joe Hendricks | Sun

“I was hoping you guys would at least give her a chance. You haven’t even been in office for three days. Shame on you for doing that. This is very upsetting,” Whitmore said.

Regarding Van Ostenbridge’s desire for the county government to operate more like a business, Whitmore said, “This is not a business.”

Commissioner Reggie Bellamy began his remarks by referencing something he learned in business school: “When you take over leadership, you don’t come in and make hasty decisions. This sounds like a hasty decision and it’s very unfortunate,” he said.

Bellamy said it’s one thing to be disappointed with someone for carrying out a commission decision, but to say it’s a fireable offense is something totally different.

He also disagreed with Van Ostenbridge’s claim that the land purchase was rushed.

Van Ostenbridge proposes terminating county administrator
Commissioner Reggie Bellamy believes the efforts to oust Coryea are premeditated. – Joe Hendricks | Sun

Bellamy said he asked Van Ostenbridge and Kruse during their campaigns if they planned to fire Coryea once they took office.

“And the comment was, ‘No, I don’t know what you’re talking about,’ ” Bellamy said.

“It’s quite clear there’s been some premeditated comments and thoughts about this particular step with her. If the cause is for Lena Road, don’t fire her. Fire the commissioners that voted on it, twice. And that’s not your job, that’s the job of the constituents. Cheri did not make that decision. The board made that decision,” Bellamy said.

“I don’t think you, as a county commissioner, can learn in 72 hours enough to draw a conclusion that you’re going to fire anybody. There is no way in the world that we should be holding a conversation like this three days into it,” Bellamy said.

“It’s kind of piling up now. When you see the information that’s brought to you it almost seems like an attempt to build momentum. This is why I’m saying some of this is premeditated,” Bellamy said.

Speaking next, Commissioner Misty Servia said, “Kevin, this is a reckless move. You have been here actually 50 hours, it’s not even close to 72 hours. Here’s what this move does: The morale of our staff just dropped. Our ability to hire people that we so desperately need has dropped.”

Servia said Van Ostenbridge made a “poor move” when initiating that discussion without giving the public advance notice.

“You’ve just shut them out of this,” she said. “The art of the deal requires finesse. This is not finesse.”

Van Ostenbridge proposes terminating county administrator
Commissioner Misty Servia described the efforts to terminate Coryea as “reckless.” – Joe Hendricks | Sun

Servia mentioned Coryea’s performance evaluations submitted by six of the seven members of the previous commission, which were discussed at that commission’s final meeting on Nov. 10 – an evaluation process Baugh chose not to participate in.

“Our county administrator just received a glowing review because she has done everything this elected board has asked her to do in a timely and efficient manner,” Servia said.

Bellamy noted Coryea received a 6-month evaluation and a 12-month evaluation.
“Not a 3-day evaluation or a 50-hour evaluation,” he said. “It seems as though there’s ulterior motives. It seems as though there’s something else out there.”

Bellamy told the new commissioners to consider how they would feel about being evaluated after just 50 hours on the job.

Along those same lines Servia said, “Fifty hours on the job? We need to be in a learning mode, not in a firing mode.”

When it was his turn to speak, Kruse said, “I think ‘premediated’ is probably a strong word. I think we all came into this with a common view of government. Any level of premeditation was just a group of us saying let’s look at something a little more from a business standpoint. I’m not saying which direction I’m going. I’m OK with starting a clock, but if this is a vote to flat-out do it today, then that would be a different story.”

Baugh disputed any premeditation.

“I don’t know anything about premediated. I don’t know anything about developers coming to anybody. None have come to me, but I can tell you this – the citizens do come to me and they’re the ones that are important. And by the way, I guess developers are citizens too,” Baugh said.

Van Ostenbridge proposes terminating county administrator
Commissioner Vanessa Baugh seconded the motion to put Coryea on notice. – Joe Hendricks | Sun

“I realize this isn’t a topic most people want to talk about. I don’t believe it is fair to make accusations to the new commissioners that have been out there for over a year working to get elected – who might know a little bit more than you think. Everybody take a breath, we’re not making the decision today,” Baugh said.

Clerk of Court weighs in

Aware of the discussion taking place, Manatee County Clerk of the Circuit Court Angelina Colonneso felt compelled to make the short drive from her downtown Bradenton office to the Bradenton Area Convention Center in Palmetto to address the commission.

When addressing Van Ostenbridge, Satcher and Kruse, she said, “To the three of you, please take my advice: a little humility doesn’t hurt. Take it from my experience, you’ve got a lot to learn. I am for the people’s records, the people’s business. There are no citizens here. Those people have not been afforded the opportunity to even weigh in on this.

“I think you should take a little time and see how things work. You haven’t even been to a (regular) meeting yet and you’re bringing this up. You haven’t had a chance to work with anybody in this county or see the interactions,” Colonneso said.

“In a way, I feel like I’m up here as that watchdog for the citizens – to tell you that whatever you decide, take a step back. You took an oath. You need to be humble and understand there’s so much to learn. Please, take your time here,” Colonneso said.

“I didn’t expect to make a trip here today. I gave up another meeting when I saw this, it was so outlandish,” she said in conclusion.

Final comments

“This is not terminating Cheri today. I am not eliminating the public process. I’m going to make a motion to give 15 days’ notice of a vote. The public, community leaders, citizens of all types can reach out to us. I just want us to make some fundamental cultural changes,” Van Ostenbridge said.

Baugh seconded Van Ostenbridge’s motion.

Before voting on the motion, Whitmore said, “I knew this was orchestrated. Kevin, I supported you. I am ashamed that I did. You’ve been in office 50 hours. This was premediated. I’ve had the calls; every one of you have. I know what’s going on. There are employees crying right now because of what you’ve just done. Maybe you don’t care, but you should.”

In response, Van Ostenbridge said, “I agree with you, it’s a very difficult decision. It can be very emotional for people, but you cannot run a $1.5 billion business based on feelings and emotion. Unfortunately, it has to be run pragmatically, as a business.”

Servia said, “With all due respect, this is not a good way to do business because there are so many unintended consequences that amount to millions and millions of dollars; and things are shifting right now today because of this action. This is a very dangerous approach.”

Satcher said no one should be surprised about Van Ostenbridge’s positions.

“Everyone that was running for election had very public comments about what was going on at Lena Road. Of course it’s expected. It was a major decision. I was tempted to read my Facebook post: ‘Five reasons why the Lena Road land deal is wrong for Manatee County.’ I should have said 32 million and 5 reasons why it was bad for Manatee County,” Satcher said, citing a figure that was higher than the $30,185,625 sale price listed on the signed contract.

Van Ostenbridge proposes terminating county administrator
Commissioner James Satcher disagrees with a recent county land acquisition. – Joe Hendricks | Sun

Kruse said the Coryea decision is one of the most serious decisions this commission will make, and he noted it will have implications throughout the entire county and county government.

“If you’re a director and you work directly under Ms. Coryea, please reach out to me – Ms. Coryea included,” Kruse said of his willingness to speak with as many people as possible before making his decision.

“This isn’t premeditated or a done deal. I am going to do my due diligence and my homework. Lena Road, while I disagree with it, that wouldn’t be my decision in and of itself, but there’s bigger philosophical things,” Kruse said.

Van Ostenbridge proposes terminating county administrator
Commissioner George Kruse says he has not made his decision yet. – Joe Hendricks | Sun

After the 4-3 vote to put Coryea on notice took place, the commission discussed scheduling that meeting on Dec. 15. Bellamy requested the discussion be delayed until after the holidays and the other members unanimously supported his request.

Commissioner seeks county defense against federal COVID-19 shutdown

Commissioner seeks county defense against potential federal shutdown

MANATEE COUNTY – The Manatee County Commission is scheduled Thursday morning to discuss its options in the event that a federal shutdown of the economy is ordered in response to the ongoing COVID-19 pandemic.

The special commission meeting is scheduled for 9:45 a.m. after the conclusion of the 9 a.m. Port Authority meeting.

Commissioner Kevin Van Ostenbridge, a Republican, requested the county attorney’s insight on the issue during Tuesday’s commission work session.

“It looks as if Joe Biden is likely to be our next president, and a lot of people that are likely to be in his administration are voicing the need for a federal shutdown of our economy. We went through that once already. When I was running for office, by far the number one issue was keeping the economy open,” Van Ostenbridge said.

To county staff, Van Ostenbridge said, “Could you put together a workshop or some kind of presentation for us so we as a county commission know what our options would be to defend and protect our local economy, our local businesses and our employees? What are our constitutional rights? What are the constitutional rights of our constituents and our business owners to keep our economy going?”

Commissioner seeks county defense against federal COVID-19 shutdown
Chief Assistant County Attorney Bill Clague is being asked to research a possible county defense against a potential federal shutdown. – Joe Hendricks | Sun

In response, Chief Assistant County Attorney Bill Clague said, “We can look into that if that is the prerogative of the board. There is a commerce clause in the Constitution that has been used by the federal government.”

“Freedom of religion comes into play as well,” Van Ostenbridge said.

“I do understand the First Amendment issues,” Clague said.

Open to the public and public input, the special commission meeting will take place at the Bradenton Area Convention Center, One Haben Boulevard in Palmetto. Attendees must adhere to CDC social distancing guidelines and wear face coverings.

The special meeting will be livestreamed at the county website and on TV on Spectrum channel 644, Verizon channel 30 and Comcast channel 20.

The public can participate by phone and offer comments by dialing 1-888-788-0099 or 1-312-626-6799 and then entering the meeting ID, 822 2829 2685, followed by the # sign.

New county commissioner reignites Holmes Beach parking dispute

New county commissioner warns Holmes Beach of parking concerns

PALMETTO – During his first day as a Manatee County commissioner, Kevin Van Ostenbridge warned that the city of Holmes Beach risks losing beach renourishment funding if they don’t restore recently-reduced public beach parking.

Tuesday morning, Van Ostenbridge, James Satcher and George Kruse were sworn in to four-year terms as the newest county commissioners. Returning Commissioner Vanessa Baugh was also sworn in. Joined by commissioners Reggie Bellamy, Misty Servia and Carol Whitmore, the reconfigured commission then engaged in a work session at the Bradenton Area Convention Center in Palmetto.

The afternoon session included discussion about beach parking on Anna Maria Island and the importance of maintaining an adequate number of beach access parking spaces to remain eligible for state and federal funding for future beach renourishment projects.

Earlier this year, in response to the COVID-19 pandemic, the Holmes Beach Commission eliminated parking spaces to reduce crowding in the city and on the beaches.

Van Ostenbridge, who represents Anna Maria Island and much of west Bradenton as the District 3 commissioner, said, “Mayor Titsworth and the Holmes Beach City Commission have jeopardized future beach renourishment projects in their city. I will not support county participation in beach renourishment projects in Holmes Beach until on-street parking levels are returned to pre-COVID-19 levels. I am drawing a line in the sand.”

Baugh, Satcher and Whitmore later expressed support for Van Ostenbridge’s position.

Tuesday’s discussion included a presentation by Deputy County Administrator John Osborne, with additional insight provided by Manatee County Parks and Natural Resources Director Charlie Hunsicker and county consultant Erica Carr-Betts.

A PowerPoint slide contained in Osborne’s presentation stated on-street neighborhood parking in Holmes Beach has been reduced by 45%.

Whitmore, a Holmes Beach resident and the city’s former mayor, said, “The city of Holmes Beach had 2,500 parking spaces before COVID. Today, they have maybe 500. They eliminated 2,000.”

Whitmore also mentioned a vacant bank property near Manatee Beach in Holmes Beach as the possible parking garage location.

New county commissioner reignites Holmes Beach parking dispute
At-large Commissioner Carol Whitmore expressed appreciation for Van Ostenbridge’s comments. – Joe Hendricks | Sun

Thatcher, the new District 1 commissioner, later repeated the parking figures cited by Whitmore.

While Tuesday’s work session was in progress, Holmes Beach Police Chief Bill Tokajer provided The Sun with parking figures that differed from those being stated by county officials. Tokajer reconfirmed those figures by phone this morning.

With Tokajer’s support, the Holmes Beach commission permanently eliminated 497 on-street parking spaces, he said. As a result, there are currently 1,261 on-street parking spaces available in Holmes Beach that do not require a city-issued parking permit and 642 permit-only parking spaces that become available to the public after 5 p.m., seven days a week, according to Tokajer.

Regarding claims that 2,500 parking spaces were reduced to 500, Tokajer said, “That’s false. We started with 2,400 spots. The 500 number, which has been explained, is merely the number of spaces designated for beach renourishment. We have a lot more spots than that available. The numbers I provided are accurate as of today. Those are the same numbers we provided to Charlie Hunsicker, Cheri Coryea (county administrator) and Erica Betts.”

Renourishment funding

During the work session, Hunsicker said state and federal grants that help fund beach renourishment projects are based on the number of parking spaces located within a quarter-mile of the beach access points that extend the length of the Island.

“Everything happening between the water and that quarter-mile, that’s where we focus on maintaining a minimum number of parking spaces for each access point out to that beach. Beyond the quarter-mile, it doesn’t count, no matter how many spaces we have,” Hunsicker said.

“As cities change their allowances, if it’s happening outside of a quarter-mile it doesn’t affect our federal grant availability or our state grant availability. If we mess up inside that quarter-mile zone, it means millions of dollars of local cost. It doesn’t prevent you from having a beach renourishment program. It just increases your local share proportionate to the loss of public parking spaces,” Hunsicker explained.

Hunsicker said the per-quarter mile parking requirements are not offset by the large parking lots at Coquina Beach, Manatee Beach and elsewhere on the Island.

“The state and the federal governments believe access within a reasonable walking distance is important. So, it’s not maintaining the maximum total spaces along your length of shoreline, but a minimum of 50 spaces within a quarter-mile of each access point. If you have 40 spaces within a quarter-mile, you’re not going to meet the public access requirements to maintain full grant funding,” Hunsicker said.

New county commissioner reignites Holmes Beach parking dispute
Parks and Natural Resources Director Charlie Hunsicker explained in detail the beach renourishment parking requirements. – Joe Hendricks | Sun

Kruse, the new District 7 at-large commissioner, asked how many designated parking spaces for beach renourishment currently exist in Holmes Beach. Carr-Betts estimated that number to be approximately 460.

“We worked with the chief of police in Holmes Beach and we were right on the cusp of not having full eligibility. He worked with me and we were able to get full eligibility for that portion of the shoreline. With spaces being taken away, we have to be very careful at this point to make sure the spaces are adequately distributed along the shoreline,” Carr-Betts said.

“Literally, on a street-by-street basis. That’s why I’m very concerned,” Hunsicker added.

Hunsicker said there were instances when Tokajer was told a street with five proposed public parking spaces needed six.

“We used to have hundreds of spaces of leeway before the COVID actions happened, but now we’re tight, so we have to pay much more attention to it,” Hunsicker said.

Tuesday evening, Hunsicker provided The Sun with some additional information pertaining to beach renourishment parking requirements.

“In Holmes Beach, 479 is the bare minimum number of public parking spaces and equivalent public spaces provided by public trolley stops and bicycle racks, as provided by state statute to maintain 100% grant eligibility for state and federal renourishment,” Hunsicker said.

“Due to the opportunities for a small number of eligible spaces to change frequently, we ask each Island city to also provide a buffer of 10-20% of additional spaces within a quarter-mile of each public access point if at all possible. In our discussion with the Holmes Beach mayor and police chief, 500 spaces were offered, translating to 21 additional spaces. While this was short of the buffer desired, we accepted this offer as a good faith effort to provide buffer where needed,” Hunsicker said.

“The cities of Bradenton Beach and Anna Maria each have their own different and unique equivalent minimum parking space requirements covering their respective shoreline lengths of renourished beachfront as well,” he noted.

During the work session, Chief Assistant County Attorney Bill Clague also commented on the parking requirements.

“This is driven by the public purpose requirements of state and federal law. We’re supposed to use public dollars for public purposes. The tourist development tax statute we use for beach renourishment says it’s for beaches that have public access and public use. The reason it’s such a big issue for the county is that we take responsibility for the entire shoreline of Anna Maria Island. There’s a lot of private properties along that Island. It’s great that they have beaches, but it’s questionable whether we can use public dollars to renourish beaches in front of private homes. There has to be a public use there as well,” Clague said.

Van Ostenbridge opines

“I’ve spoken to many residents of Holmes Beach. A lot of them are embarrassed by the actions of their city. It’s extremely unwelcoming. It’s very disappointing,” Van Ostenbridge told the commission, noting his family’s roots on the Island date back to the 1930s.

Van Ostenbridge said many District 3 residents don’t live in Holmes Beach but work or own businesses there.

“I ran on a pro-business platform. I support those workers and those businesses, and I know this hurts them,” he said.

“The beach belongs to everyone. It’s the gem of the entire county. It belongs to every county taxpayer. If you want us to participate in renourishing that beach and caring for it and maintaining it, you have to provide them access to it,” Van Ostenbridge said.

“The state has minimum required levels of parking for the state and the feds to participate in beach renourishment funding. I would like this county to set much higher standards. I would like us to set pre-COVID levels of parking. If you’re looking for a number, 2,500 parking spaces is the minimum in Holmes Beach if they want us to participate in beach renourishment funding. I’m going to take a very aggressive approach with this,” Van Ostenbridge said.

“The vast majority of residents and business owners in Holmes Beach, they’re kind, welcoming people. They know they live in a destination city and they want people to come to their city. And those who are staunchly against this, you knew you moved to a destination city when you moved there. It is not a private Island. It is open to the public. It’s open to everyone in this community regardless of whether they live in Samoset or Palmetto or west Bradenton. The beach belongs to everyone,” Van Ostenbridge said.

He also alluded to the 5% tourist development tax collected on hotel, motel and vacation rental stays in Manatee County, most of which occurs on Anna Maria Island.

All three Island cities have utilized county commission-approved tourist development tax funds in recent years to help fund city projects, including the construction of the new Anna Maria City Pier.

Van Ostenbridge suggested the future use of tourist tax funds – spent on the advice of the Tourist Development Council (TDC) and the approval of the county commission – could be jeopardized by parking reductions.

“There are many other areas in this county that would love TDC funding – millions and millions of dollars,” he said.

Van Ostenbridge said he’d like to see Coryea enter into negotiations with some of the Island churches regarding the possible weekend and holiday use of their parking lots. He suggested reimbursing participating churches with tourist tax funds or some other funding source. He also asked Coryea to reach out to the school district regarding the possible weekend and holiday use of the parking spaces at Anna Maria Elementary School in Holmes Beach.

Additional commission comments

Whitmore, an at-large commissioner who lives in District 3, thanked Van Ostenbridge for his comments about the Holmes Beach parking reductions.

“I am so happy that you’ve done what you’re doing. I don’t have it in me to be as direct as you, but you’re my commissioner and I’m happy that somebody in the leadership of Manatee County that represents that district has actually said it publicly,” Whitmore said.

She suggested Van Ostenbridge meet with Tokajer and Holmes Beach Mayor Judy Titsworth.

“I know Judy. She’s a very good person,” Van Ostenbridge said. “We disagree politically on this issue.”

New county commissioner reignites Holmes Beach parking dispute
District 1 Commissioner James Satcherr expressed support for pursuing the construction of a parking garage on Anna Maria Island. – Joe Hendricks | Sun

“I don’t feel like we picked a fight,” Satcher said. “I feel this issue should not be put upon us, but it has, so I’m looking at other options to solve the problem. The one that I can see is to build a parking deck within that quarter-mile if we can get it.”

That prompted Van Ostenbridge to say, “Mr. Satcher, I would just caution you on moving too quickly on a parking garage. That would be detrimental to the character of the Island.”

Regarding the Holmes Beach parking reductions, Baugh said, “I totally agree with Commissioner Van Ostenbridge. I feel like it’s gotten out of hand in Holmes Beach. I think they have forgotten that we all work together as a team.”

Baugh said she, too, would like to see more communication between the county and the Holmes Beach mayor and police chief.

“We need to get back to the way things were. If not, they’re going to look real funny if their beaches don’t continue to be renourished. I don’t know if they realize that or not, but they certainly can’t afford to pay for the dredging. Hopefully, they’ll remember that and try to meet us halfway,” Baugh said.

New county commissioner reignites Holmes Beach parking dispute
Commissioner Vanessa Baugh also opposes Holmes Beach’s parking reductions. – Joe Hendricks | Sun

No formal votes were taken during the work session, but Van Ostenbridge offered his assessment of the commission majority’s position on potentially withholding future funds.

“I know we’re not counting heads here, but I think it’s pretty obvious that multiple commissioners are entertaining the idea. You might want to relay that message,” he said.

Holmes Beach responds

During the county work session, Holmes Beach Mayor Judy Titsworth texted Whitmore. She later shared that text with The Sun.

In part, Titsworth’s text said, “Why are you allowing your commissioners to state untruths? You also should have invited me to attend. I was not aware of this work session.”

Speaking by phone after the work session ended, Titsworth said when she learned about the discussion taking place, she tuned in in time to hear Van Ostenbridge threatening to withhold future beach renourishment funds.

“No one called me to make sure they had the latest numbers. They didn’t make sure they had the correct information to give their commissioners. We offer more parking places than what’s required for beach renourishment. It’s surprising to me how they can speak about an issue and give strong opinions about an issue without trying to get educated on an issue,” Titsworth said.

“We had a meeting with Charlie. He was comfortable with the 500 spaces. We have it in our interlocal agreement. We adhere to the requirement for beach renourishment and will not jeopardize that,” Titsworth said.

“If he (Van Ostenbridge) wants to withhold funding, he should base it on us not upholding agreements that we have, and not just some fictional number,” she added.

Titsworth disputed the PowerPoint slide that said, “All on-street right of way and beach access parking in residential areas will close.”

“That’s not true. It looks like they were given bad information,” she said.

“Commissioner Van Ostenbridge has never reached out to me except for the one time he asked me if I’d support him if he ran for office. He has not called me since. If he has any concerns about anything, I have an open-door policy and he can see me any time.”

Tokajer also disputed the claim that 45% of Holmes Beach’s public parking spaces were eliminated.

“That is false, it has not been reduced by 45%. The parking numbers you have are the true and accurate numbers of today – which are the same numbers that were provided to Charlie Hunsicker in the meeting we had with Cheri Coryea and Erica Betts. It was not an adversarial meeting and every parking space they requested was given. The numbers given to them for beach renourishment were approved by them, as well as the state. We in no way would jeopardize the parking required for beach renourishment. It would have been nice for the commissioner, who is new, to have reached out to get the facts,” Tokajer said.

He also mentioned the figures cited by Whitmore and Satcher.

“We started with 2,400 spots, not 2,500. With the regular parking, the open parking and the permit parking, we have at least 1,903 spots. That shows a reduction of just under 500 spots total,” Tokajer said.

According to Tokajer’s statement, the city eliminated 21% of its pre-COVID parking spaces.

“That does not mean that in that quarter-mile area that we only have 500 spots. We have 1,261 spaces within that quarter-mile area. If the state and the feds were to come back and say for beach renourishment we need 600 spots designated, we already have them. They’re just not designated,” Tokajer said.

“We are not picking a fight. We are trying to weigh the needs of our residents and bring things back to some semblance of normalcy for them. The beach is for everyone, we’re in total agreement with that. But Holmes Beach’s residential areas should not be made into the county parking lot as if it was the UTC mall just because they want people to come to the beach. The county needs to come up with some other scenario where there is available parking without ruining the character and the residential areas of Holmes Beach,” Tokajer said.