The treehouse saga has gone on for 10 years. The Trans certainly are deserving of a perseverance award for what many consider their insane struggle against the government. Personally, I thought the treehouse added to the Holmes Beach landscape and Old Florida charm that used to exist on Anna Maria Island, and why my wife and I moved here in 1991.
While I’m on the topic of perseverance, I would be remiss if I didn’t give a personal award. That would have to go to Kim Rash and his dedicated group who have fought a tireless fight to improve Holmes Beach residents’ quality of life. It was a continuous struggle, but they persevered, with Kim ultimately getting elected to the Holmes Beach commission in landslide elections. Along the way they were constantly subjected to deep undeserved (I might add) antagonism, scorn and even ridicule. Yet, they persevered at great expense to their family life and well-being. Keep up the good fight, Kim.
I am most proud of my “resident” platform. I ran on that and always held true to it. As I reached out as I bicycled and rode through the neighborhoods, I always let people know that I valued their input on city issues and that I was there if they needed me. I think that is why I received the top votes each time I ran. I was a voice for the people and a voice of reason. I never used my role of commissioner for personal gain.
I helped to strengthen the noise ordinance, I initiated the idea of competitive bidding, promoted better and more sidewalks and better quality of work by contractors and encouraged greater transparency. I tried to make suggestions that would help to build an honest, transparent government and I made decisions that would help to maintain the character of the island. These issues are going to be so important as the commission moves forward.
Just because I am stepping down, for now, does not mean I am gone. I still care about the direction of Holmes Beach.
HOLMES BEACH – With two commissioners’ terms up and an uncontested election scheduled for Nov. 8, city leaders recognized Commissioners Jayne Christenson and Kim Rash as they officially stepped down from the dais.
City Clerk Stacey Johnston presents Commissioners Kim Rash and Jayne Christenson with a plaque honoring their service to the city of Holmes Beach. – Submitted | Jayne Christenson
Mayor Judy Titsworth recognized the two for their hard work over the years for the city and its residents while City Clerk Stacey Johnston presented them with plaques. Rash served two two-year terms as commissioner while this was Christenson’s first term.
Rash said that while he chose not to run for re-election this year due to familial commitments, he added “there’s always next year.”
Christenson said she wished she could have continued on as a city commissioner but with a demanding full-time job she didn’t feel that she could give the residents the time and attention they deserved.
During public comment, resident Nancy Deal stepped up to the podium to express her sadness that the two were leaving elected office.
“I am sad because Holmes Beach is soon to lose two commissioners who not only sacrificed their time and energies to serve Holmes Beach residents as all commissioners are supposed to do, but these two commissioners were also forced to sacrifice their honor and their reputations,” Deal said, referencing the scrutiny that Rash and Christenson both faced over their tenures as commissioners.
Resident Barbara Hines also spoke, complimenting Christenson on her work as a commissioner and how prepared she always was for discussions during meetings. “I just think she’s so special,” Hines said. “When I heard she was leaving the commission, I was devastated.”
The Oct. 25 commission meeting and work session were the last official meetings for the two whose terms expire with the November election. Rash announced over the summer that he would not be seeking re-election and Christenson removed herself from the race in October, leaving new- comers Dan Diggins and Greg Kerchner running uncontested races for their first terms on the city commission. A swearing-in ceremony and organizational meeting is scheduled for Wednesday, Nov. 9 at 8 a.m. at Holmes Beach City Hall.
HOLMES BEACH – The doctor is in at The Doctor’s Office, a local cocktail bar, and he may soon be serving up an expanded menu in a larger space.
Commissioners voted 4-1, with Commissioner Kim Rash dissenting, to approve the first public hearing of a proposed site plan amendment to turn the local bar into a restaurant.
Owner Sean Murphy, formerly of the Beach Bistro, presented a plan to Holmes Beach commissioners during an Oct. 11 work session asking for consideration to add a full-service restaurant to The Doctor’s Office operation in the adjacent event space known as The Doctor’s Garden. If approved by commissioners at a final public hearing, the new restaurant will have 66 seats, 50 inside and 16 outside, serving dinner nightly after 5 p.m. with lunch service available on Saturdays and Sundays.
Police Chief Bill Tokajer said during the Oct. 25 initial public hearing on the proposed site plan amendment that he’s spoken with representatives at West Manatee Fire Rescue who have given their approval of the requested number of seats for indoor and outdoor dining at the proposed restaurant space.
Rash was absent from the work session discussion but was present for the first public hearing on the site plan amendment.
Margie Motzer, a resident who lives near the bar, said she’s concerned about the impact on the neighborhood if the bar is allowed to expand into a restaurant. She said the increased indoor and outdoor seating added to the other nearby restaurants, bars and vacation rental properties could increase the noise and traffic through adjacent residential neighborhoods. Citing a section of the city’s comprehensive plan, she noted that city leaders are tasked with preventing the encroachment of commercial businesses in residential neighborhoods and she fears the restaurant could negatively impact nearby property values.
Resident Barbara Hines, a former member of the city’s planning commission, also spoke against allowing the bar to transition to a restaurant, noting the possibility of increases in traffic and noise.
Nancy Deal said she was concerned about parking for the restaurant, noting that she’s observed patrons and employees of the bar parking in inappropriate areas, such as across the street at a nearby laundromat.
Commissioner Jayne Christenson also expressed concern about parking because of the Doctor’s Office need for off-site parking contracts due to there not being enough dedicated parking onsite. She said that city leaders allowed off-site parking with the Waterline Marina Resort and Beach Club at the adjacent former
Wells Fargo site and, when the bank closed, the resort lost the ability to use that parking area. Murphy said that the off-site parking contracts have a 90- day cancellation notice clause that would give him time to find additional parking for patrons.
Commissioner Terry Schaefer said that he could see parking being a problem at the site.
Rash said he hasn’t had one resident call and tell him that they favored approval of the site plan amendment but that he’s had several calls from people who don’t want the bar to turn into a restaurant. He added that he feels it would create too much of an impact on an already congested area.
Murphy said his intent with the restaurant is to keep it as a small, intimate venue for patrons to enjoy a meal.
Commissioner Carol Soustek said that the site plan amendment application met every requirement laid out in the comprehensive plan. “I see nothing wrong with approving this site plan,” she said, noting that Murphy had met every requirement set out by the city.
The site plan will be scheduled for a final public hearing by commissioners.
HOLMES BEACH – In trying to ease rifts among Holmes Beach commissioners, new commission Chair Carol Soustek inadvertently gave them something to argue about.
Soustek presented her fellow commissioners with a proposed Code of Core Values for Civility and Ethics created by altering a document adopted by the city of Dunedin.
The code sets out expectations and rules of conduct for commissioners, noting that other cities have similar guidelines for commissioners.
Commissioner Kim Rash shows off one of his custom-made T-shirts with the statement, “I represent the residents” printed on the front. – Kim Rash | Submitted
“You’re held to a very high standard when you’re elected and everything you do is a reflection upon your city. It’s not like when you leave this dais you can go rob a bank. It wouldn’t be very good for the city,” she said, adding that she feels the proposed guidelines eliminate any gray areas in how commissioners conduct themselves.
The values outlined in the document include integrity, ethics, communication, teamwork, leadership, quality of work and recognition of each other’s individual contributions to the Holmes Beach community. Commissioners didn’t express any issues with those items.
The one that caused a disagreement was the stewardship addition made by Soustek, which stated: “I shall strive to make a positive role model as a city commissioner. Proper attire should always be appropriate to the situation. While in the commission chambers, clothing with slogans or words, political or otherwise, shall not be worn. No food is allowed in the chambers. The smell, noise or transfer to documents when eating food can be disruptive. Drinks will be allowed by the city commission and staff but when not in use, the container needs to be capped securely and not placed on the dais.”
While Commissioners Pat Morton and Terry Schaefer agreed with the stewardship provision, Commissioners Jayne Christenson and Kim Rash did not.
Rash said that he felt the dress code section of the stewardship provision was targeted at him for the custom-made T-shirts he has worn in recent months when attending city meetings. The shirts previously were brought under fire by Mayor Judy Titsworth, who said that she felt that statements like “I represent the residents” were misleading because she said all elected officials represent the residents, not just Rash. Rash, who has a T-shirt with that statement, ran both his election and re-election campaigns with a similar slogan.
During the Dec. 14 meeting, he argued that forbidding him to wear the shirts to a commission meeting was a violation of his constitutional First Amendment right to free speech. Rash pressed for city leaders to obtain a ruling from Florida Attorney General Ashley Moody on whether or not instituting the dress code would be a violation of his or any other commissioner’s civil rights.
“In my research, dress codes cannot discriminate on the basis of controversial messages on clothing. I do not feel that my T-shirts have been controversial in nature, but the chair and the mayor obviously believe otherwise,” Rash stated. “There is nothing destructive or vulgar about statements about the city officials supporting residents who elect them to serve in office, in my opinion.”
City Attorney Patricia Petruff said that she was unprepared to have a discussion about the legality of a dress code, however, she said that dress codes were consistently implemented in the school system for both students and staff without, to her knowledge, infringing on civil liberties. She encouraged commissioners to table the discussion until more information could be gathered and presented by either herself or incoming city attorney Erica Augello.
Christenson said that while she’d be willing to discuss a dress code for commissioners, she didn’t feel that its placement in a code of ethics was warranted, stating that she doesn’t believe it’s an ethics issue. She urged her fellow commissioners to consider removing the provision and discussing it as a separate item.
“I felt that this was a nice document,” she said, adding that she would like to see provisions for civility, respect for the individual, creativity and innovation, efficiency, adaptability and organizational sensitivity added.
“When we get into attire and what we can eat and drink in the room, I think it’s a little overreaching,” Christenson said. While she said she’s open to the discussion, she felt it’s more of a policy decision versus an ethics issue. She suggested discussing the two items as a separate building policy.
While commissioners did not vote to remove the stewardship provision, a majority did seem agreeable to adopting the Code of Core Values for Civility and Ethics with the inclusion of the provisions suggested by Christenson. They agreed with Petruff’s suggestion and voted unanimously to table the discussion to be brought up at a future meeting.
“I think it’s a very good step forward,” Schaefer said of the proposed code of core values, noting that he felt Soustek hit on some very good points in the proposed document that he would like to see instituted.
Morton said that he feels the adoption of the document was long overdue and that he would like it extended beyond elected officials to include city staff as well. Mayor Judy Titsworth noted that a similar code is included in the Holmes Beach employee handbook.
Soustek said that the matter was brought directly to a regular meeting instead of first being debated at a work session because she’d like to start the new year with an understanding of what is expected of city commissioners going forward.
“We’re five individuals as a group. Decisions are a group decision and I have seen some of this being splintered and I’m tired of it,” Soustek said, adding that for the commission to make great progress in the future to move forward she feels that the group needs to work more toward unification.
“We are responsible for being very good at what we do. I don’t want people to start laughing at my commission. I want them to start respecting this commission and thinking they do an excellent job,” she said.
Soustek said that the purpose of the code was to address issues that she’s noticed and have been brought to her attention by the public.
“I want us to move into a new year with clear understanding and no question of what this commission is responsible for,” Soustek finished.
Titsworth added that she hopes adopting the proposed code or one similar will help city commissioners to be more like “statesmen” when representing the city of Holmes Beach.
HOLMES BEACH – At the conclusion of a four-month-long investigation by the State of Florida Commission on Ethics, Commissioner Kim Rash is breathing a long-awaited sigh of relief.
Rash was accused of violating a section of the Florida Constitution by his former neighbor, Anastasios “Tosh” Tricas, in early May. Among other things listed in a May 1 complaint filed with Holmes Beach police following a noise complaint at Rash’s Holmes Boulevard residence, Tricas accused Rash of abusing his position as a city commissioner by stating that he did not have to comply with laws and regulations because city departments and staff members “work for him.” A hearing held Sept. 10 in Tallahassee found that there was no probable cause to substantiate the claims made by Tricas, and his complaint against Rash was dismissed.
Rash
With the conclusion of the investigation comes a measure of peace for Rash and his family. In speaking with The Sun, Rash said the accusations against him and the following investigation caused a tremendous amount of stress for his family, who supported him throughout the entire process. Unable to discuss the investigation until it officially concluded, Rash said that without the support of his wife, Theresa, and daughter, Melissa, the situation would have been unbearable. Now, he’s just happy to have the hearing and investigation over with and to publicly be cleared of the accusations.
“I’m just happy it’s over,” he said, adding that he can now move forward in his duties as a commissioner with a renewed focus on the residents he represents.
In a written statement, Rash said he wished taxpayer funds could have been put to better use than investigating the claims made by Tricas.
“I believe the unfounded allegations against me by my former neighbor, Tosh Tricas, were the result of retaliation following my family’s decline of the Tricas’ request for a shared pool,” Rash said in the statement. “Electronic and photographic evidence, as well as testimony from direct witnesses, show that allegations submitted by Mr. Tricas to the Florida Commission on Ethics were fabricated. I demonstrated, item by item, with a wealth of documentation that each of Mr. Tricas’ allegations were categorically false. I fully cooperated with this investigation and was 100% confident that there would be a full exoneration of these false and damaging allegations.”
Rash said he feels the issues between himself and his neighbor began when Rash had a pool installed on his side of the duplex lot the two shared until Tricas sold his side of the building in late June. Rash said Tricas and his family wanted to go in on the pool so that it would be shared with the two units. For resale purposes, Rash denied the request, putting the two neighbors at odds. When Tricas sold his side of the duplex, plans were shown on the listing for a courtyard pool that could potentially be installed on his property, however, Holmes Beach building records show that no one applied for permits for that pool.
Tensions between the neighbors came to a head early in the morning of May 1 when officers responded to the Holmes Boulevard property just after 6 a.m. to a noise complaint. Tricas said a stereo left playing in Rash’s living room while that family was out of town was disturbing his neighbors for a few days before calling the Holmes Beach Police Department to report the noise.
Videos from Rash’s security camera system show HBPD officers, joined at one point by a Manatee County Sheriff’s Office deputy, blocking traffic in front of the residence and walking the property while investigating the issue.
Rash sent a friend over to turn off the stereo and was issued a warning by officers, which would have ended the issue, but Tricas gave a five-page written statement to officers outlining other issues between himself and Rash. It was those complaints that made their way to the state ethics board as Tricas escalated the complaint.
Tricas could not be reached for comment.
With the conclusion of the ordeal, Rash said he’s happy to finally be moving forward and putting this issue behind him.
“Throughout this whole ordeal, I have continued to work and advocate for the residents of Holmes Beach. That is why I was elected, and this has continued to be my focus,” Rash said in his statement. “I am glad I finally have the opportunity to speak so that the residents of Holmes Beach finally know the truth. I am grateful for the support that I have received from so many of our Holmes Beach residents.”
The priest from St. Bernard church started Rosary on the Beach every Wednesday morning at the Café on the Beach in 2000. That is where we met Theresa and Kim Rash. We spent time praying together and getting to know each other on those beautiful sunrise walks. Over the years, we grew to become the very best of friends. When you meet someone as trustworthy and honest as Kim (and Theresa), you can’t help but become good friends. If anyone ever needs anything or help in any way, Kim is always the first to offer his help. He often helps his friends, the church, or the community at his own expense… he never says no to anyone. He always says, “I don’t have a hobby like golf or fishing, my hobby is to help my family and my friends.”
We also know for a fact that his word is as good as gold. When we sold Kim and Theresa our townhouse on Holmes Boulevard in 2003, we made a deal with no contracts. Our deal was made on a handshake. We did not close on the house until 10 months later. Kim gave us a large check as a down payment with nothing on paper and no contract, which helped us to go ahead and remodel our new home during those 10 months. Everything about that deal went very well because of the good word of Kim Rash. He is a man of integrity and honesty.
We trust him with our lives and we know that he is one of the best friends anyone can have. We are very blessed to know him. He has been good for Holmes Beach and for the residents because you can always count on Kim Rash. The accusations made by a neighbor who has been very difficult to deal with for several months are absolute nonsense. Anyone that knows Kim Rash would know this.
HOLMES BEACH – Issues between two neighbors in an attached duplex caught the attention of police when one accused the other of violating the city’s noise ordinance. The neighbor on the receiving end of a noise violation warning was Commissioner Kim Rash.
The incident took place in the early morning hours of May 1 and lasted for nearly two hours. When Rash left town in the days following the April 27 city commission meeting, he left a stereo playing in his side of the Holmes Boulevard duplex to make people think that he and his family were home instead of out of town. His neighbor, Anastasios Tricas who owns the other side of the multi-story duplex, called police to report a noise violation just after 6 a.m. on May 1 due to noise from the stereo.
In the report compiled by Holmes Beach police officers, Tricas said he had dealt with the noise from the stereo for a couple of days before calling police and that the bass was vibrating the walls of his unit, making it difficult for him and his wife to sleep.
Though officers on the scene said the music from the stereo didn’t violate the city’s noise ordinance, a decibel reading taken in the shared stairwell of the duplex came in at 45db according to the police report and officers did determine that the vibration in the walls due to the bass from the stereo. The continuous nature of the noise and volume, among other issues, was a violation of the city’s noise ordinance, the officers said.
A warning was posted at Rash’s door and, after officers determined that no one was home, they called the commissioner to advise him of the situation and see what could be done to turn the stereo off.
Rash immediately complied with officers and called a friend to come over to remedy the situation in his absence. Chief Bill Tokajer said that while Rash did comply, it took some time to get someone to the house to turn the stereo off.
While waiting for someone to come to turn off the stereo, Tricas wrote out a five-page statement giving a list of accusations against his neighbor, even stating that the strained relationship with Rash is one of the reasons his side of the duplex is currently for sale.
One of the more serious complaints in Tricas’s statement accuses Rash of using his position as a city commissioner to overstep and scare Tricas off of calling the city to complain about issues.
Rash declined to comment on the accusations made by his neighbor.
Rash is one of the city commissioners who has fought publicly for stricter enforcement of the city’s noise ordinance, particularly the use of a list of seven standards to determine if noise is an issue rather than a noise meter reading. It was only in the past few months that commissioners agreed to adjust enforcement of the noise ordinance to take the seven standards into higher regard than a decibel reading from the noise meter over the city’s decibel maximum, 50db for quiet hours when this incident occurred.
The noise complaint and associated accusations weren’t the only issues brought to the city between the two neighbors.
Tricas also contacted the city’s code compliance department on April 30 to report trash on Rash’s side of a shared patio. When reporting his complaint, he said he had a showing of his duplex unit that afternoon and that bottles, trash and chairs were strewn about on the patio. In his complaint to police, he said the trash and tipped-over chairs were the result of a loud gathering the Rash family had on April 29-30. Though Rash had a friend quickly come and clean up the mess before code officers were able to respond to the home, where the trash came from is still a mystery as the Rash family members were all out of town at the time with no one staying at the home, according to the police report from the May 1 incident.
HOLMES BEACH – Commissioner Kim Rash is no stranger to city politics. After volunteering in and around his neighborhood and building fences for the city, he took the plunge and was elected for his first term as city commissioner in 2018. Now he’s hoping to earn a second term on the dais in the 2020 election.
Rash has been a Holmes Beach homeowner for 20 years and a full-time resident for 14 years with his wife of 43 years, Theresa, and their dog, Lucy. The two also are longtime members of St. Bernard Catholic Church.
Rash has been the owner/operator of a fencing company for more than 40 years. Community members can see some of his work at the Holmes Beach Dog Park and around the tot lot playground at city field.
Along with the three other candidates for the two spots available on the Holmes Beach City Commission – Jayne Christenson, Rick Hurst and Pat Morton – Rash was asked to respond to four questions. Each candidate’s answers will be published in The Sun.
What do voters need to know about your involvement in the community?
Many residents refer to me as a “boots-on-the-ground” commissioner. I may not have the traditional hobbies like golf or fishing, but I get great satisfaction from helping people. For 19 years, I have helped residents in times of need. I often walk and bike the streets of our city talking to residents and asking how I can help. I am an engaged commissioner – I answer phone calls and respond to emails in order to listen and advocate for residents.
I have served as Holmes Beach commissioner for the past two years, organized an early-morning July 5 beach cleanup that’s continued for nearly a decade and is often held in conjunction with Holmes Beach Code Compliance, WastePro and resident volunteers. I have constructed multiple dog park fences over the years. In June, I installed the tot lot fence with the help of Public Works. I’ve built and installed bike racks and trash can fences at beach accesses and installed irrigation and planted native beach flowers at the 72nd Street access.
Why are you running for Holmes Beach City Commission?
Even prior to my commission seat, I was a voice for the residents. As Holmes Beach commissioner, I furthered that cause. I listen and advocate passionately. I am a team player and dedicated to effectively collaborating and negotiating for practical and efficient solutions. I bring common sense and a successful business background to the commission. If re-elected, I feel I can do even more because there is so much more to do. I have a proven track record that demonstrates I lead with the best interests of our residents and our city in mind.
During my time on the commission I have spoken for the residents and opposed the 300% stormwater tax increase. Through my efforts, the commission compromised on a stormwater increase at half the proposed rate. I have worked to strengthen our noise ordinance to give residents back the peaceful enjoyment of their homes. I’ve challenged interested parties for ways to trim the budget and have fought wasteful spending of taxpayer money by helping to steer the city from single-source contracting bids to sourcing multiple bids for projects and engaged new sources to ensure our city was getting competitive prices.
If elected, what would be your priority to work on with your fellow commissioners?
– and –
What do you think is the biggest challenge facing the city today?
I believe that our first priority and biggest challenge is BALANCE. Each year, there are approximately 10,000 new residents coming to Manatee County and more than 750,000 Island visitors. Manatee County has more than 400,000 residents, many of whom take daily trips to the beach regularly. We have a very small and finite amount of space for an ever-increasing number of people. I believe that it will be imperative for our city commissioners to work with county commissioners/state elected officials to find solutions for the unique issues caused by this rapidly increasing population. Holmes Beach residents are my top priority and should not incur the financial burdens, the daily stresses and increasingly negative impact that have been caused by the numbers and the extensive TDC promotional advertising. To date, our city does not receive an adequate amount of funding from the county to accommodate all of the visitors. I will advocate for county/tourist development tax dollars to assist our city in managing this daily impact. We need Manatee County commissioners to be responsive and active in finding solutions for alleviating traffic congestion and parking issues, funding a larger portion of the police and code compliance department officers needed to enforce the increasing number of people that come to our Island and result in exacerbated issues, funding for strained and failing infrastructure and proactively communicating to all of our visitors the ways they can help us protect this beautiful and unique Island for future generations.
HOLMES BEACH – In a surprise move, Mayor Judy Titsworth not only publicly named two residents who called her to report noise issues but also reprimanded the two from the dais during a Feb. 12 commission meeting.
During mayoral comments at the start of the meeting, Titsworth read a prepared statement to city officials and the gathered public concerning two phone calls she’d received over the weekend, one from resident Richard Motzer and one from resident and Commissioner Kim Rash.
“Last weekend I was called twice about noise complaints. The first call was made by resident Kim Rash. For some reason, he didn’t want to be a commissioner when he called at 11:15 at night. I was called 15 minutes before he decided to call the police. The police did respond after they completed a traffic stop and they addressed the situation. The second call I received was made by Mr. Motzer on Sunday afternoon and when I asked him to call the police he refused and said that they wouldn’t do anything and then he angrily said goodbye. In both instances, they said they were only doing what I told them to do. Because of the nature of both of these calls I have unfortunately blocked them from my phone as I don’t condone bullying or harassment,” Titsworth said.
She concluded her comments by calling on Code Enforcement Officer James Thomas to inform commissioners and the public how to properly report a noise complaint to city officials.
While Rash’s only comment during the meeting from the dais was that in calling the mayor, he was doing what he had been instructed to do, Motzer was not present during the discussion.
According to emails between Rash and Titsworth, the call to the mayor’s phone on Feb. 9 resulted in a voicemail that she responded to the following morning by email, volunteering to follow up on the noise complaint with some additional information from Rash. The email chain shows that Rash responded to the request with more details about the situation, offering to work with Titsworth to bring solutions for noise back to his fellow commissioners. In an interview with the Sun, Rash said that he also went to city hall to try and meet with the mayor before the Feb. 12 meeting but was not accommodated by Titsworth.
Rash forwarded the emails between himself and Titsworth to City Clerk Stacey Johnston on Feb. 13 along with a statement to be shared with commissioners. In the email he said, “I was totally shocked at Mayor Titsworth’s attacks towards me, especially on the dais. I am 100 percent sure Judy asked me to call her direct if I ever had a noise problem. That is what I did. The email she sent Sunday morning was totally different than her attacks at the meeting. I thought my reply was very professional to her. I want to build bridges toward solutions.”
The Feb. 9 incident involving Rash and renters at 202 72nd Street was reported to HBPD officers who were involved in a traffic stop when the call from Rash came in at 11:31 p.m. Rash states that he called Titsworth to witness the noise at 11:16 p.m. He said that when the residents of the property moved back inside before officers arrived that he called HBPD dispatch and said the noise had stopped. According to HBPD records, that call came in at 11:49 p.m. Officers still responded to the call, Chief Bill Tokajer said, and determined that it was unfounded. They spoke to the residents who agreed to turn off a generator powering an incorrectly parked recreational vehicle and agreed to correctly park the vehicle as soon as possible.
Motzer also chose to respond to the mayor’s comments by email.
“Some residents, including myself, have expressed that we were totally blindsided by the mayor at the Feb. 12 commission meeting where I was not even present. All of us have had the understanding that Mayor Titsworth has told them to call her if there were noise issues. She even lamented in a Nov. 22 text ‘the Motzers have never called.’”
Motzer’s wife, Margie, was at the Feb. 12 meeting.
Motzer’s email goes on to say that the call to Titsworth lasted 32-seconds because she was not in town. He said that he did state she suggested he call the police but that he has found reporting noise complaints to officers to be “ineffective and/or counterproductive.” Motzer said he had no knowledge of Rash’s call to the mayor the night before.
Regarding the mayor’s comments about exhibiting bullying and harassing behavior, he said the accusations are false.
“Citizens were taken aback that this was done in public forum and that two residents were blocked with one call each after being, not only instructed, but encouraged to do so,” he said in the email.
“After the meeting there were more residents discussing the imminence of moving, so we are losing more residents because of incidents such as the above,” he said, concluding the emailed statement. “We need professional leadership.”
Though Motzer’s complaint was not called in to the HBPD, Tokajer followed up on it via the NoiseAware system installed in the rental he said Motzer was complaining about noise coming from, 5501 Holmes Boulevard. At the time the call came in to Titsworth, Tokajer said the print out from the NoiseAware system showed no noise that would violate the city’s 65-decibel noise maximum for daytime noise.
HOLMES BEACH – Two City Commission seats are up for grabs in the November election and resident Kim Rash is still in the running for one of them.
Rash’s candidacy came into question when fellow Holmes Beach resident David Zaccagnino submitted a letter to city hall asking for Rash to be disqualified from the election due to a paperwork discrepancy.
When filing his paperwork for candidacy, Rash designated Hancock Bank as the holder of his campaign account. However, the campaign check he used to pay his candidate fees was from Wells Fargo. Because Holmes Beach qualifies its own candidates, rather than going through the Manatee County Supervisor of Elections Office, the decision to allow Rash to remain as a candidate fell to City Clerk Stacey Johnston, who also serves as the city’s elections officer.
In a July 10 email, Rash said he, his daughter Melissa Rash, and campaign treasurer Margie Motzer visited city hall on June 4 to obtain and fill out campaign paperwork. At that time, Rash designated Hancock Bank as his primary campaign depository with no secondary depository named.
In the email, he said when he visited the bank to open the campaign account, he learned that a federal employer identification number would be required to establish the checking account. Since no one was available to help him through the process of establishing an EIN, Rash chose to open his account at the nearby Holmes Beach branch of Wells Fargo, which didn’t require an EIN number. Rash’s candidacy was approved by Johnston on June 21 during qualifying week.
“There was never any intent of wrongdoing or fraudulent activity,” Rash said in the email. “It would be a shame to allow the democratic process to be overshadowed by this innocent error.”
Florida Statute 106.021 governs requirements for campaign treasurers, deputies, and primary and secondary depositories. Though the statute says that a primary depository must be declared when qualifying for office, along with a campaign treasurer, it does not specify that the depository cannot be changed or that there are consequences to the candidate when the account location is changed. The statute does state that the primary depository is the only account that campaign funds can be spent out of, including candidate qualifying fees. A secondary depository can be established, however, that account can only be used to collect monies and disperse them to the primary depository campaign account. Rash did not specify a secondary depository in his candidate paperwork.
In addition, Rash’s campaign account was established at Wells Fargo on June 4 per his email, well ahead of the June 18-22 candidate qualifying week in Holmes Beach though a corrected form was not filed prior to him qualifying for office June 21.
Rash said he didn’t correct the Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates form because he was unaware a change was needed. Johnston said a corrected form has been filed by Rash to name Wells Fargo as his primary campaign depository.
Though a mistake was noted on the form, Johnston did not disqualify Rash as a candidate. With little guidance available in the state statutes, Johnston said the matter would have to be pursued through the legal system per state statutes by the person bringing up the complaint, in this case, Zaccagnino.
The discrepancy with Rash’s form brought to light another campaign paperwork issue.
It’s a requirement for candidates to provide a social security number on some campaign forms. Though those forms must be available for public review, social security numbers are protected by state and federal law. It was discovered that the social security numbers for Rash and fellow candidate Joshua Linney were visible on documents posted to the Supervisor of Elections Office website, making the candidates vulnerable to identity fraud.
Rash said his candidate profile was viewed more than 50 times before the error was noticed. The error has since been corrected on the website by blacking out the candidates’ social security numbers and campaign account numbers on posted copies of paperwork.
As of press time for The Sun, no instances of identity fraud related to the posted information have been identified.
