ANNA MARIA ISLAND – Jason Sato was Manatee County’s top Realtor for the fourth consecutive year and Darcie Duncan was the county’s number two Realtor in 2018.
The sales and listing figures are contained in the 2018 Agent Market Share Report, compiled by the My Florida Regional Multiple Listing Service and shared by the Realtor Association of Sarasota and Manatee.
In 2018, Sato totaled 70 transactions, with 36 properties sold and 34 properties listed for a total reported value of $71.6 million and an average sales price of $1.06 million.
Duncan totaled 57 transactions, with 23 properties sold and 34 properties listed for a total reported value of $54.9 million and an average sale price of $963,000.
Sato and his mother, Barbara Sato, own Sato Real Estate at 519 Pine Ave. in Anna Maria. Duncan owns Duncan Real Estate at 310 Pine Ave. in Anna Maria.
Sato’s observations
Sato attributes his success to the comfort level and familiarity he has with the Island and its real estate market.
“I grew up here, I live here, and my office is here. I do stuff off-Island for friends and people I know, but my focus is Anna Maria Island,” he said.
He said new construction and newer homes remain the most popular, but there’s also a market for renovated homes and a price point of desirability for historic bungalows.
“The Island’s got something for everyone, which is great. And the vibe is different in all three cities,” Sato said.
He’s seeing an increase in the construction of custom homes designed as permanent residences, and he’s not seeing as many vacation rental homes being built.
He said the Island’s real estate inventory is strong and it spikes at the beginning of the year because more people list their homes during season.
Sato didn’t see significant home price increases in 2018 and he attributes that partially to the knowledge available to buyers using websites like Zillow.com and Realtor.com.
Sato said the red tide had some impact on home sales, but 2019 is off to a busy start and he sees that as a good sign.
He said red tide affected the real estate market by bringing fewer people to the Island. This impacts sales because vacationers often turn into potential homebuyers when they discover the Island’s magic.
“We need people here to sell real estate,” Sato said of the relationship between vacationers and homebuyers.
Duncan’s insight
“2018 was fantastic,” Duncan said.
Realtor Darcie Duncan came in as the second-highest local realtor for 2018.
She said the red tide impacted her vacation rentals, but she didn’t lose a single home sale because of it, and her sales figures were up from 2017.
“I attribute my success to hard work, working with integrity and giving back to my community. Seventy-five percent of my business is from past client referrals and my sphere of influence,” she said, noting that 70 percent of her sales are on the Island.
“Not as many people that I worked with this past year were laser-focused on rental income. They were looking more at living here and retiring here. I think it’s important that people know that,” she said.
Duncan believes the housing market is stabilizing, and prices are going to level off some in 2019. She said she’s already seeing some price reductions.
She agrees the Island’s real estate inventory is strong and there’s still much new construction taking place. She said the $500,000 to $800,000 price range is the most-desired right now, but some of the Gulffront homes and others are selling for $1.5 million and up.
There’s a reason that Florida is called the Sunshine State and it has nothing to do with sunshine.
What it does have to do with is people – people from other states – and here’s why.
According to a new federal census report from the U.S. Census Bureau, Florida was the second fastest growing state, adding more than 322,000 people last year. Only Texas scored higher than Florida, adding nearly 380,000 people during the same time frame. In addition, for the eight-year period between 2010 and 2018, Florida’s population increased 13.3 percent with Texas just above adding 14.3 percent in population. Nevada and Washington state came in third and fourth with approximately an increase of 12 percent each.
So why are we importing so many residents from other states? Obviously, in spite of the threat of hurricanes, which are frequently overblown, we do have a lot of sunshine and almost perfect weather for at least six months. And, for those of us who live here full-time, even the summers are a non-issue compared to the six months of horrible weather experienced in many other parts of the country. The car starts every day even if it’s 90 degrees and, in Florida, boots are a fashion statement rather than a life-saving essential.
And Florida has no state tax in a state friendly to business, which has created a booming business community. Although retirees keep coming, businesses are recruiting young workers in an effort to keep up with the expanding population. All of this is happening in Florida during a time when the United States population growth has fallen to an 80-year low because of declining birth rates.
Consequently, what goes up must come down and there are plenty of states that are losing some of the population coming to us. For the one-year period from July 2017 to July 2018, the top two states to lose population are New York, losing 48,510 people, and Illinois, losing 45,116.
These two states, in addition to Connecticut which also lost population, are some of the highest taxed states for both state tax and property tax. In addition, the implementation of the federal tax reform last year limits the deductibility of state and local taxes, hitting residents in these states particularly hard. It will be interesting to track the population shifts in a few years after residents have experienced several years of tax returns.
What this all means to Manatee County real estate can only be good. These are the December sales statistics from the Realtor Association of Sarasota and Manatee’s website:
Single-family homes in December maintained their benchmark at a $300,000 or over sale price again coming in at $309,000, 2.7 percent down from last year. The average single-family sale was $380,272, a 1 percent increase. The median time to sell was 90 days, about the same as last year, and the month’s supply of properties remains at about four months.
Condo sales were a median of $190,000, down 2.6 percent from last year, but the average was $236,606, up 7.2 percent. Median time to sell was 96 days, up from last year by 17.1 percent, and month’s supply of properties was four months, up slightly from last year.
I know the U.S. Census Bureau has its algorithms and fancy computer programs to analyze population growth, but I have my own personal methods. If the Cortez Bridge is backed up to the firehouse during the summer and the parking lot at Publix has zero spaces, that’s when I know July isn’t what it once was. Let the sunshine in.
BRADENTON BEACH – The paving and reopening of the northbound Gulf Drive travel lane near the intersection with Cortez Road has been delayed due to complications with Manatee County’s force main replacement project.
The water main valves Westra Construction recently installed along Gulf Drive and along Avenue C must be replaced with valves that contain backflow preventers. The replacement of the Gulf Drive valves is required before that section of Gulf Drive can be repaved and reopened.
A portion of the northbound lane between Cortez Road and 12th Street North has been barricaded for several months. As a result, the southbound left turn lane onto Cortez Road is currently serving as the northbound travel lane. This is creating traffic delays and safety concerns.
The force main valves Westra installed along Avenue C as part of the county’s force main project must also be replaced.
In October, Bradenton Beach commissioners authorized a $302,626 contract with Westra to accelerate a separate, city-funded Avenue C drainage improvement project that also includes the restoration of rights of way and driveways disturbed by the county project.
The city project was originally planned to be done by Woodruff & Sons later this year. Westra is now doing both projects at once in order to end the year-long disruptions Avenue C property owners have been subjected to.
On Wednesday, Jan. 3, The Sun contacted Tina Allen, the county’s contracted community outreach specialist. Allen said the repaving of the Gulf Drive travel lane is supposed to begin at some point in January.
Regarding Avenue C, Allen said, “I have been advised that some of the valves for Avenue C did not meet specifications and had to be sent back for replacements. The crew will be replacing the faulty valves and plan to begin restoration of the rights-of-way along Avenue C next week. Provided there are not unforeseen issues, they plan to have that restoration completed by the end of February. The paving of Avenue C will occur once the right-of-way areas are finished.”
Commission concerns
During the Thursday, Jan. 3 City Commission meeting, Commissioner Jake Spooner asked when the Gulf Drive turn lane would be restored.
Mayor John Chappie and Public Works Director Tom Woodard then shared the new information they received.
“I just got a report today. Apparently, they’re going to have to open that ditch line up again. The wrong valves were put on, so it’s going to be another three or four weeks,” Chappie said.
“Westra is claiming the county did not specify back-flows to be part of the valve. Manatee County is saying back-flows are standard spec for those valves, so they’re fighting between the two of them to see who’s going to pay. The valves that were installed are not correct,” Woodard said.
Woodard said the valves are site-specific and located the rights of way at each intersection. Their replacement doesn’t require the entire section of road to be dug up. Woodard was told the Gulf Drive valves extend from Cortez Road to 26th Street North, and the new valves were expected to arrive in about a week.
“I’d give it two weeks. You know how things go,” he said.
Woodard said it was suggested that Westra replace the valves near the Gulf Drive/Cortez Road intersection first.
“If they do that first, then they put the lanes back and the striping back and that would help immensely,” he said.
Commissioner Ralph Cole said the absence of the southbound left turn lane is confusing motorists as they approach the altered intersection from different directions.
“That’s why the police department is very concerned,” Chappie added.
“It’s backing up all the way past the S-turn, almost to Circle K,” Cole said of the congestion created by the missing southbound turn lane.
“It starts affecting businesses around here, and I’ll make sure the county knows about it. That’s not right,” Chappie said.
Mike Wolfe, Frank Fritz, and their team are returning to Florida in January to film episodes of their popular TV series “American Pickers.”
“American Pickers” is a documentary series that explores the fascinating world of antique picking on The History Channel. The hit show follows Mike and Frank, two of the most skilled pickers in the business, as they hunt for America’s most valuable antiques. They are always excited to find sizeable, unique collections and learn the interesting stories behind them.
As they hit the back roads from coast to coast, Mike and Frank are on a mission to recycle and rescue forgotten relics. Along the way, the Pickers want to meet characters with remarkable and exceptional items. The pair hopes to give historically significant objects a new lease on life while learning a thing or two about America’s past along the way.
Mike and Frank have seen a lot of rusty gold over the years and are always looking to discover something they’ve never seen before. They are ready to find extraordinary items and hear fascinating tales about them. “American Pickers” is looking for leads and would love to explore your hidden treasure.
If you or someone you know has a large, private collection or accumulation of antiques that the Pickers can spend the better part of the day looking through, send your name, phone number, location and description of the collection with photos to americanpickers@cineflix.com or call 855-OLD-RUST.
Almost a year ago, I wrote a column about the proliferation of buyers from other countries coming into the state of Florida. Florida at that time was the national leader for international buyers at 22 percent of all international buyers in the United States. But there are many foreign countries that either prohibit foreign buyers or levy additional taxes to discourage them. These are a few:
New Zealand, in particular, has taken a hard stance on foreign buyers in an effort to make homes more affordable for its citizens. It recently passed legislation to limit foreign buyers to buying only newly built homes, and only 60 percent of units in new apartment buildings can be owned by foreign buyers.
New Zealand’s neighbor Australia has also increased the tax burden on new homes, introducing a buying tax and raising its stamp tax to 8 percent. This is in addition to annual fees for foreign owners.
Property values in the United Kingdom have been very hot, especially in London in recent years. To help cool off the market, the U.K. has added a 3 percent surcharge on the stamp tax paid by second home buyers and a 15 percent buying tax on all homes bought through a shell company. This was a previous technique frequently used by foreign buyers, which has resulted in prices falling substantially in London.
Hong Kong also has a tax stamp fee of 15 percent for foreign buyers and has extended that to include all second-home buyers as well. And Switzerland, which always has discouraged foreign ownership of property, now requires a permit to purchase property with a limit of 1,500 permits a year. There is an exception for EU buyers who have permanent homes in Switzerland. Even Mexico will technically not allow foreign buyers to purchase property within 31 miles of the coast or 62 miles of the U.S. border. There are, however, ways to get around this by having local banks hold title to the property. But there is still hope for foreign buyers who want to purchase exotic properties. The Maldives in the Indian Ocean and Thailand will be glad to take your money.
To my knowledge, I don’t believe the United States government has placed any restrictions on foreign buyers entering our real estate market. Aside from a tax ID number, foreign buyers do not have to be U.S. citizens, do not need a green card and do not require a special visa. As long as they have the cash or can obtain satisfactory financing, they are pretty much free to buy whatever and where ever they want.
The onus is on the lenders to qualify the buyer’s finances, visas and legal right to be in the country to protect their investment from buyers who suddenly leave the country with the bank becoming responsible for the property. However, almost half of property purchases by foreign nationals are made in cash, 44 percent at last count.
Foreign buyers may be boxed out of purchasing real estate in some countries in an effort to keep their real estate prices from becoming overinflated, harming their own citizens. Fortunately, the United States is a big wealthy country and will not be seriously impacted by an influx of foreign buyers. That said, there are areas of Florida, particularly on the east coast, where foreign buyers have some responsibility in running up property values.
We love real estate buyers no matter where they’re from. Tell Mexico and Australia and Switzerland and all the others to send them to us. We’ll make sure they have a merry Christmas.
All of us who live on the Gulf coast have been impacted by the recent red tide and the unprecedented death of dolphins, sea turtles, manatees and fish. It’s easy to get overwhelmed and jaded at the politics and seeming hopelessness of the situation. Living here and having the opportunity to enjoy and explore the region’s bounty fosters a unique appreciation for its riches. A mixed blessing of sorts, it also points out how vulnerable the marine resources are and can cultivate a desire to protect them so future generations can have the same opportunities they’ve had. That was the inspiration for Kids for Clean Water, an organization the goal of which is to give kids a say in the health of the environment they will inherit.
Tracy Freeman, editor of Edible Sarasota Magazine was visibly distraught as she related over lunch last June that her daughter Addy, age 11, had been in tears as she wrote a letter expressing her sadness at the images of dead sea life that permeated the news and social media. They were both looking for a way to make a difference.
“This is important to me because I want kids in the future to have the same experiences that I have enjoyed. If we don’t clean up our water, our wildlife will continue to die. Our sea turtles are dying because of all the plastic in the ocean; we have to stop using plastic straws. I want safe water so I can swim and go fishing with my Dad.” Addy Freeman, age 11.
Dawn Barbour, of Sarasota, expressed the same sentiment when her daughter Sadie related her experiences in school where sea turtles were the subject of their study. The kids were working on a project to educate their parents on the importance of helping turtles and the deaths in the red tide were distressing them. Dawn knew she wanted to do more when she heard Sadie make a comment based on a political ad she had heard on television.
“Kids for Clean Water means helping to save all of our beautiful dolphins, manatees, sea turtles, and fish. We can all do our part to help make sure all do our part to help make sure our waters are clean and healthy for us and for the marine life.” Sadie Barbour, age 9.
John Paul (J.P.) Brooker is well aware of the challenges we face. As the Ocean Conservancy’s Policy Counsel for the Fish Conservation Program, working on marine conservation issues in the southeast is a day job for him. This made him all the more passionate about protecting the waters for his family and future generations. His two daughters are still young, but they too love the beaches and the marine life that they’re just getting to know.
“My daughters are seventh generation Floridians. And as a passionate environmentalist and lover of Floridian wilderness myself, I am committed to instilling in them the sense of duty to be stewards of our states most precious natural resources, especially the watersheds and coastal ecosystems that make Florida such a unique and special place.”
“Since I could walk I’ve been swimming and fishing in Florida water, and I want my girls to be the same – that’s why I am proud to foster the conservationist spirit of my budding Floridian environmentalists, and why I am so excited that we have started up Kids for Clean Water.” J.P. Brooker for his daughters, Anne, 3, and Elizabeth, 4.
When the three met, the chemistry was perfect and led to the formation of Kids for Clean Water. The organization is new and in the process of obtaining their 501 3C non-profit status. They have established an email account, floridakidsforcleanwater@gmail.com, an Instagram account, and a Facebook page.
I don’t have any children, but having been blessed with over three decades on Florida’s west coast, I too want to make sure that future generations have the same opportunities I’ve had. That’s why I’m joining Kids for Clean Water’s efforts to protect and enhance Florida’s marine ecosystem. For the dolphins, manatees, sea turtles, fish and future generations. Will you?
PERICO PRESERVE – It’s a cool, sunny, Thanksgiving weekend day and you’re walking along the path at Perico Preserve looking at the butterflies and being thankful that there’s no red tide in the preserve when a shot rings out.
Four pelicans flush from the mangroves.
Another shot.
Two white egrets fly away from the sound.
Two more shots – then silence.
First Place
Lucy Morgan Award for In-Depth Reporting
2019
– Cindy Lane | Sun
A few moments later, doors slam on a dark pickup truck parked on Perico Isle Circle, just outside the preserve boundary, the engine starts, the tires squeal, and it’s gone.
What is happening at the preserve, created by Manatee County as a bird sanctuary?
According to county environmental officials, state wildlife officials, and neighbors of the preserve, duck hunting season is happening.
The season closed the last day of the Thanksgiving weekend, Nov. 25, and reopens again on Saturday, Dec. 8, ending Sunday, Jan. 27.
Third Place
Environmental Writing
2020
“The last thing people are thinking is, ‘Maybe I should wear an orange vest on the boardwalk.’ ” – Charlie Hunsicker
It’s a constant frustration to county environmental officials, who have no law enforcement powers, said Charlie Hunsicker, director of the Manatee County Parks and Natural Resources Department.
For seven months out of the year, between August and February, it is legal to hunt 28 bird species in Florida, according to the Florida Fish and Wildlife Conservation Commission (FWC); each species has specific dates designating its season.
The juxtaposition of a densely populated neighborhood, a preserve that was built with birds in mind, and hunters shooting at the birds is worrisome at best, and tragic at worst, Hunsicker said.
“I am surprised we still allow hunting against residential neighborhoods in the name of sport where a catastrophic convergence of families and their pets meets up with people who appear in camouflage,” he said.
The county does not oppose hunting outright, Hunsicker said.
“We’re supportive of a well-managed hunting program like the one at Duette Preserve,” he said. The preserve is in east Manatee County, which is more sparsely populated than Perico Island, and offers hunting for deer, turkey, hog, quail and other species.
However, he said, “It’s contradictory that as long as you’re standing in state submerged land, you can hunt wherever you want. I hope there will never be an incident as a result.”
Robinson Preserve, from Perico Preserve, across Perico Bayou. – Cindy Lane | Sun
“Diametrically opposed activities can only be resolved in tragedy if both sides are not careful,” Hunsicker said. “The last thing people are thinking is, ‘Maybe I should wear an orange vest on the boardwalk.’ ”
Is it legal?
During Thanksgiving week, Elsbeth Frischmann heard the guns a couple of times a day, morning and evening, for four or five days in her home at Perico Island Condos, which overlooks Perico Bayou, between Perico Preserve and Robinson Preserve.
“They were so close, the birds flew away,” including brown ducks and mallards, she said.
If there is no ordinance against discharging a weapon within a certain distance of residences, or within city or county limits, game officers can’t prohibit it, FWC Officer Timothy Hinds said.
If duck hunters are properly licensed and trained, if they use the right weapon, if they wade, kayak or boat into Perico Bayou, which is state-owned submerged land, if they target birds on the wing that are in season, and if they use the proper ammunition, they are within the law, he said.
Lily pond – Cindy Lane | Sun
“That’s legal for them to do as long as they’re not shooting towards houses or over houses or at power lines,” he said.
The proper weapon and ammunition for duck hunting is shotguns and birdshot, which does not travel as far as bullets, he said, but still falls, potentially on people.
“It would be very troubling to have bird shot raining down on their head,” he said. “It’s got to be done in a safe manner. It’s a populated area.”
Whether a bird can be targeted or not is all about boundaries, Hinds said.
“The birds are either in the preserve or not,” he said.
Birds that can be hunted in Florida during specified seasons
Source: Florida Fish and Wildlife Conservation Commission
Hunters are not allowed to shoot into the preserve, but if their birds fall on the preserve they can retrieve them, Hinds said.
Hunters do come into the preserve to retrieve their prey, Hunsicker said; people find carcasses left behind after the breast meat has been carved out.
Is it fair to target birds living in a bird sanctuary when they fly outside its boundaries?
“Some of the best hunting land is near designated wildlife refuges because the populations are healthy there,” Hinds said.
For the birds
Perico Preserve opened on May 14, 2016 – International Migratory Bird Day – highlighting its purpose as a rookery.
– Cindy Lane | Sun
The 176-acre Manatee County preserve touts its bird sanctuary status in signage, prohibiting dogs, which are bird predators, and prohibiting bicycles in a portion of the preserve where bird nesting is encouraged. The county also built an island in a lake in the preserve with poles for osprey to nest in.
“We have a preserve that we’ve worked very hard to establish, and a bird sanctuary should not be available to anyone shooting guns, whether they’re near or on the property, because that is near the nesting we’re working hard to protect,” said Sandra Ripberger, of the Sierra Club Manatee-Sarasota Group, suggesting that a citizens watch group could be formed to monitor hunting.
Bradenton Beach-based Wildlife Education and Rehabilitation Inc. releases rehabilitated birds at Perico Preserve, Gail Straight said.
“I’m not totally opposed to people hunting, as long as they’re eating what they’re hunting. My big problem is you’ve got people all over the place and kids playing and condos; one stray bullet could go through windows and cars,” she said. “There’s a million places you can go hunting for ducks.”
“It’s pretty dangerous to invite people into a preserve to walk and hike and observe wildlife and plant life and fire a firearm,” said Merrie Lynn Parker, with the Manatee Fish and Game Association.
Gopher tortoise – Cindy Lane | Sun
The Sarasota Bay Estuary Program has spent $8,000 to coordinate volunteer native planting events at Perico Preserve, said Darcy Young, director of planning and communications.
The Tampa Bay Estuary Program (TBEP) is funding exotic plant control on a parcel of land that will connect Perico Preserve with Robinson Preserve, spokeswoman Maya Burke said.
When TBEP was rewriting its comprehensive management plan in 2016-17, they included the issue of hunting near preserves, which was starting to happen in Hillsborough County.
“One of the strategies was the need to better understand and address it,” she said.
“At restoration projects, hunters use these areas, and hikers find it disconcerting,” Burke said. “Local governments are ill equipped to address these user conflicts. The region needs to work on this issue.”
No active initiatives exist to connect local law enforcement, FWC and preserve managers, she said.
Whose job is it?
The FWC’s law enforcement officers focus on game violations, Hinds said, and if there are any other legal issues, other law enforcement agencies have jurisdiction.
It’s not easy to know who to call to report gunshots near a preserve.
“It might take something tragic or a massive public outcry to prompt the Legislature to act.” – Michael Elswick, manager of the Manatee County Parks and Recreation Department
Frischmann contacted Damon Moore, with the county parks department, who looked into the issue.
He found that hunters are allowed to carry their guns into the preserve and even clean them on the picnic tables, as long as they don’t shoot within the preserve, where hunting is prohibited, Moore said.
The state has prohibited local governments from regulating firearms, so the county can’t say “no guns in the preserve,” said Michael Elswick, manager of Manatee County’s Parks and Natural Resources Department, adding that hunters have been observed in boats against the mangrove tree line firing over the water in Perico Bayou.
Mangrove – Cindy Lane | Sun
“We can prohibit hunting in the preserve, but not the carrying of firearms,” he said. “We’re waiting for someone to shoot onto private property” or be caught hunting in the preserve to call law enforcement.
Parts of Perico Island fall under the Bradenton Police Department’s (BPD) jurisdiction and other parts fall under the Manatee County Sheriff’s Office (MCSO), including Frischmann’s neighborhood. Her homeowners association has a video camera at the entrance of the condos that might have captured a license plate number of hunters parking in the neighborhood, but there have been no complaints filed, according to the office.
Mangrove butterfly – Cindy Lane | Sun
“If they’re discharging a firearm in a neighborhood, call 911, suggested BPD Capt. Brian Thiers. “They can tell whether you are in the city or county.”
The City of Bradenton has an ordinance against discharging a firearm within city limits, referring to Florida Statute 790.15, he said, adding that BPD enforces that law.
If the agency gets a call on gunshots fired within the city limits near the preserve, they would respond, and also call FWC, he said.
“We rely on people to let us know,” MCSO Public Information Officer Randy Warren said. “Call us. Get a description of the vehicle. We can start a paper trail. We will put patrols out to look at it. Never hesitate to call law enforcement if something is of concern,” he said.
Law enforcement needs to make sure shooters are not doing something other than hunting, he said.
That prospect disturbs Hunsicker.
“How can you tell if it’s a shotgun or rifle? This bothers me to no end, knowing that most pistol or rifle rounds would carry a lethal trajectory into the surrounding homes of Perico and as far away as Flamingo Cay and traffic on State Road 64,” he said.
Regulations for an urban preserve like Perico should be different than for uninhabited or sparsely populated areas, Elswick said.
“You’re regulating the Ten Thousand Islands the same way you’re regulating a highly visited preserve,” he said, noting that hunting is a highly-charged issue with the gun rights lobby.
“It might take something tragic or a massive public outcry to prompt the Legislature to act.”
- Cindy Lane | Sun
White egret - Cindy Lane | Sun
Saltbush - Cindy Lane | Sun
Mangrove - Cindy Lane | Sun
Mangrove butterfly - Cindy Lane | Sun
Pied-billed grebe - Cindy Lane | Sun
Water lilies - Cindy Lane | Sun
Muhly grass, slash pine - Cindy Lane | Sun
Slash pine - Cindy Lane | Sun
Saw palmetto - Cindy Lane | Sun
Robinson Preserve, from Perico Preserve, across Perico Bayou. - Cindy Lane | Sun
Gopher tortoise, with bird nesting island in background - Cindy Lane | Sun
BRADENTON BEACH – The city has shut down its website until it can be made compliant with the Americans with Disabilities Act (ADA).
The city website was shut down last week at the request of Mayor John Chappie after he learned of a $16,000 settlement agreement Manatee County recently reached regarding the Joel Price v. Manatee County lawsuit filed with The United States District Court Middle District of Florida Tampa Division.
Price and his Miami-based attorney, Scott Dinin, alleged the county website violated the Americans with Disabilities Act and sought injunctive relief to remedy alleged accessibility barriers at the county website.
“Plaintiff alleges he attempted to access electronic PDF documents on the website, but the website did not integrate with his screen reader software and he could not access the electronic content,” the settlement agreement says.
The settlement agreement says the county “does not admit and expressly denies the allegations set forth in the lawsuit and denies that the website is in violation of any law, including but not limited to Title II of the ADA and/or section 504 of the Rehabilitation Act.”
It also says, “The parties desire to avoid the expense, time, effort and uncertainty of further litigation, and have agreed to a full and final settlement of all claims that were or could have been raised in the lawsuit.”
The agreement gives the county 14 months to use “commercially reasonable efforts” to improve accessibility for blind and visually-impaired users when accessing electronic documents at the county website.
The settlement agreement also applies to the Clerk of the Circuit Court, Manatee County Sheriff’s Office, Manatee County Tax Collector, Manatee County Property Appraiser website and the Manatee County Supervisor of Elections websites. The county websites will remain active until the compatibility changes are made.
The settlement agreement provided the county 30 days to tender a $16,000 check made payable to Dinin. The agreement states $15,000 is for the plaintiff’s attorney fees and costs, and $1,000 is for any and all damages incurred by the plaintiff (Price).
Earlier this year, Price initiated similar ADA-compliance lawsuits against Brevard County and the Celebration Golf Course in Orlando. Both lawsuits were dismissed by The United States District Court Middle District of Florida Orlando Division. A similar ADA-compliance lawsuit Juan Carlos Gil filed against Brevard County was dismissed.
An ADA-compliance lawsuit Eddie Sierra filed against the Florida Legislature and Florida State University regarding the Florida Channel’s closed captioning services was also recently dismissed.
Commission decision
Chappie initiated the website compliance discussion during the City Commission’s Thursday, Nov. 1, meeting.
“There’s a cottage industry with attorneys, and they have filed litigation in New York and in Florida. I gave an executive order to shut down our website until we can figure how we’re going to deal with our website, making it ADA-compatible,” Chappie said.
Mayor John Chappie has ordered the city website to be shut down until it’s ADA-compliant. – Joe Hendricks | Sun
“What they’re saying is individuals who cannot read a screen need to be able to hear what is on the screen. The safest play is to suspend our website. This is a top priority the mayor has set for staff – to figure out how to get to where we need to be to protect the city’s assets,” City Attorney Ricinda Perry added.
In addition to the Manatee County settlement, Perry said she’s aware of business owners facing similar legal challenges, including legal firms and lodging establishments.
“It’s a huge cottage industry. Unfortunately, the courts agreed that any service you offer must be ADA-compliant,” Perry said.
City Treasurer Shayne Thompson told the commission the city of Palmetto has an ADA accessibility feature at its website. Thompson said the Palmetto website is host by a company, CivicPlus, that represents more than 3,000 governmental entities.
As the commission’s website liaison, Commissioner Jake Spooner noted that a year ago he was tasked with looking into upgrading the city website. At the time, Spooner reached out to Revize – the firm that does the city of Anna Maria’s website – but the commission never allocated funds or took any additional action.
Spooner said Revize creates and maintains websites for hundreds of cities nationwide and should be able to provide Bradenton Beach with an ADA-compliant website.
Chappie said the Manatee County Commission will hold a commission workshop at 1:30 p.m. on Tuesday, Dec. 11, and ADA compliance will be a topic of discussion.
At Chappie’s suggestion, Spooner agreed to take the lead on the city’s efforts to upgrade its website. He said he would research the city of Palmetto’s website and coordinate his efforts with Police Chief Sam Speciale, who serves as the city’s webmaster, working with England-based development technician Keiron Skillet.
On Friday, Spooner contacted Revize and was told it would cost $2,000 to design a new city website and $1,200 a year to maintain it.
ANNA MARIA – The season of giving started early in the city of Anna Maria. Residents and business raised more than $18,000 for the Flight to the North Pole organization.
Funds will be used to help terminally ill children and their families.
“Every dollar we earn is given right back to the families,” Manatee County Sheriff’s Office Deputy Patrick Manning said. Manning led the donation drive in Anna Maria.
The MCSO and Anna Maria city officials presented a check to Flight to the North Pole representatives outside Ginny’s and Jane E’s Nov. 1.
Manning began asking for donations in early September. It took less than two months to raise a total of $18,696.
“Ginny’s and Jane E’s raised the most,” Manning said. “Over $3,000. They were our biggest donor. Paul and Tammy Foster truly embraced the idea.”
The secret, according to Manning, was that every employee asked customers for any leftover change when they ordered food or drinks at the restaurant.
“The response was amazing,” Manning said.
Flight to the North Pole was founded in 1985 by Eastern Airlines flight attendants. When Eastern Airlines closed the organization hopped over to Continental Airlines. The Flight’s founder, Sidney Ettedgui, eventually landed with the MCSO, bringing the non-profit with him.
Ettedgui said, “As long as we have money there’s no limit to what we do.”
The Flight used to have an actual flight from Sarasota-Bradenton Airport to Fort Myers, but Ettedgui said the events of Sept. 11, 2001, and the heightened security at airports put a stop to that. “It was too much to put the families and children through,” he said, “but there’s still plenty we can do, too.”
Flight to the North Pole funds go to help families with anything. Manning said in the past they’ve paid electric bills, rent and helped with travel costs. “Anything that’s needed,” he said.
Funds aren’t just raised during and before the holiday season. The MCSO holds events and donation drives throughout the year.
The next event is an exotic car show Nov. 10 outside the MCSO headquarters, 600 301 Blvd., Bradenton.
“There’s no better cause to be a part of,” Manning said. “Next year I’m hoping to raise $30,000 from Anna Maria businesses and residents.” The 2018 goal was $10,000.
Manning said, “The further in life you go, you learn it’s not about you, it’s about what you can do to help someone else.”
Last week was Halloween, and we talked about disclosing everything, even if not required by law, that might be negative about your home to prospective buyers. What may seem ridiculous to you, like spirits real or not, deaths in the property or other than conventional activities, could be a hot button to a buyer. But do you know everything about your home, the good, the bad and the ugly? Putting your property on the market is the perfect time to delve into your home’s history and a unique marketing tool.
The state of Florida is not known for many historic homes like New York and Boston, dating back to the founding of the country, and even though there were settlements in Florida going back to the Spanish, not too many actual homes have survived compared to the northeast. Bradenton has some beautiful older homes downtown, as do other cities around the state like Jacksonville and St. Augustine, but it doesn’t matter if your home or the home you’re considering purchasing is 100 years old or 20, don’t you want to know its history?
There are professional house historians willing to do research, particularly on older homes dating back to years before records were efficiently kept. They will research public records, church records, history books and even do interviews with local residents who may be familiar with the property. This service, of course, is provided for a hefty fee and results in a nice book full of information for the owners and future owners.
I love the concept and feel that even if your house was built in more recent years, there may still be information about it you don’t know. For instance, who was the architect who designed the house, are the original drawings still on file, and what are the names of the previous owners, an answer which could surprise you, especially in a second home beach area like Anna Maria.
Wouldn’t you just love to know if famous people visited the Island and stayed in your house, such as actors or political personalities? We already know that professional ball players and circus performers came to Anna Maria, maybe they stayed in your home. The possibilities are endless, especially if you can find just the precise person who has been around long enough to point you in the right direction.
A search of the town records would also give you structural information about the home. Were permits pulled to repair damage that could have been from fire or flooding or pest infestation? Did a major hurricane occur in the early years of the home and are there any survivors from that event still around to interview?
You might want to include pre-renovation photos from the time you owned the property, pictures of some things unique to your house like the wall showing how your children grew through the years or a picture from your daughter’s wedding in the yard. Include dates of significant storms and if you evacuated and to where. Brief introductions to current neighbors and some history on the surrounding homes would be a nice touch.
Not only is a history book a great way to introduce potential buyers to your home, but it’s also a wonderful gift to new owners to pass down to future owners. It shows the love you have for your home and keeps the story of the house alive.
Every house has a compelling story to tell, and every room within the house represents a life lived. Make your house one for the history books.
You might find her a little creepy or kooky, maybe a bit mysterious or spooky, but one title it’s hard to deny Liz Reed is the queen of the local paranormal.
Local author and paranormal investigator Liz Reed signs copies of her new book “Haunted Manatee County.” – Liz Reed | Submitted
With her leadership of the Paranormal Society of Bradenton, a group which she founded with her husband, Ron, in 2013, a new book and a burgeoning ghost tour business, Reed is closer than ever to realizing her dream of studying the paranormal on a full-time basis.
“I love doing what I do,” she said. “I wish I could do it full time.”
In her new book, “Haunted Manatee County,” Reed explores the ghosts and history of what was historically Manatee County, including De Soto, Glades and Hardee counties. She said the book took about three years to research, including the research she did for The Original Downtown Bradenton Ghost Tour and it’s Bradenton Beach counterpart, and two years to write.
The hardest part, she said, was finding period-specific photographs of the places she and her team encountered paranormal activity for inclusion in the book. She said writing it and using many of her own photographs in the book helped realize two of her lifelong goals – to be a professional author and photographer.
Rather than reaching out herself, Reed said she was contacted by publishers Arcadia Publishing and The History Press to write the book based on her popular ghost tours. Soon she’ll have a second book published on the haunted history of Sarasota County.
In her Manatee County book, Reed uncovers the stories of the ghost of famous mobster Al Capone, who occasionally rides the elevators at the Hampton Inn, the history of the Cortez Village and the fishermen who lost their lives at sea, the ghosts of a woman and girl who play hostess at The Sign of the Mermaid and the shades seen frolicking on Bridge Street.
Visitors to Coquina Beach may encounter glowing spirit orbs or see the ghost dubbed the Black Phantom wandering the path and through the picnic area. – Kristin Swain | Sun
One of her most active Anna Maria Island ghosts, she says, is the spirit of George Bean Sr. whom she said likes to flirt with some of the ladies on the ghost tour, going so far as to mischievously take one lady’s glove, which was never recovered. Reed said Bean likes to follow along with the ghost tours, and she believes he roams the Island to keep a watchful eye on things.
On the downtown ghost tour, she said her favorite areas to explore are the Hampton Inn and the old location of the Manatee Players theater, now a construction site for a new hotel. She said that site is very active due partially to the Native American burial grounds that were used as fill in the area.
When the new hotel opens, Reed said she hopes to be one of the first to check in.
The information for Reed’s book and ghost tours comes from various sources including the spirits themselves. Her paranormal investigation team has several ways of communicating with the ghosts. While some members of her team are especially sensitive to the spirits and can see and communicate with them just like they’re talking with the living, others rely on the electronic equipment they bring with them on paranormal investigations including video cameras, digital voice recorders, voice boxes, K-2 meters and other devices.
Sometimes, she said they find nothing on these investigations. Other times they may think they haven’t found anything but get home and hear voices on recordings and see orbs of light and fully developed spirits walking past their cameras as they record. When they record evidence of spirits, Reed often posts the recordings on the group’s social media or website for the public to see for themselves.
When told a legend of a haunted place, encountering a new spirit or preparing for an investigation, Reed says she attempts to verify stories through historical documents. When the investigators know they’re going to a new place, Reed studies the history of the building to help better prepare for what might be found there.
Her fascination with the spirit world is born of her own experiences and attempting to find an answer to the age-old question of what happens when we die.
“We’re all made of energy so where does that energy go after we die?” she asked.
Reed said she believes that some of that energy stays here, some of it crosses over to whatever lies beyond this life and she’s fascinated by all of it.
“There’s no explanation for what we have found,” she said of the paranormal investigations, adding that she loves being able to explore the history of the area and verify stories from the past. For the naysayers, she offers guests on her ghost tours the opportunity to use some of the equipment that her paranormal group uses on investigations to allow them to experience the spirit activity for themselves.
“They just want to be known, that they’re still here,” she said of the ghosts she encounters.
As for the book, she said it was an interesting project and she hopes that readers will enjoy it.
“I want five ghosts, not five stars,” she said.
“Haunted Manatee County” is available through local retailers, Barnes and Noble and Amazon.
To schedule a ghost tour or to follow Reed’s paranormal investigations, visit the Paranormal Society of Bradenton online and on social media, or call 941-704-0621.
MANATEE COUNTY – The winner of the District 6, at-large County Commission race between incumbent Carol Whitmore and challenger Candace Luther will help represent Anna Maria Island and Cortez at the county level.
Whitmore
How should County Commission-controlled Tourist Development Council funds be used on Anna Maria Island in terms of projects versus promotion?
Luther: I would focus on projects. Make things better for visitors and residents by making improvements that didn’t have funding previously. Give Visit Florida something to promote.
Whitmore: It’s very strict on how those funds can be spent. We’re still trying to open it up for law enforcement, lifeguards and other things that make life better for Island residents. We need to push for the state not to interfere with our city and county home rule.
What has/can the County Commission do to benefit Island and Cortez residents and businesses?
Luther: Impose a moratorium on phosphate mining, the use of fertilizers containing phosphate for non-farming uses and the use of Roundup and similar glyphosate weed killers. Stop overdeveloping and adding to the traffic and sewage problems we already have. Get the bike trails built so people have alternative transportation.
Whitmore: The red tide cleanup. I worked with Anna Maria Mayor Dan Murphy and pushed for $750,000 in state funding and up to $1.5 million in county funding for the pier replacement. I worked with all three Island mayors to acquire $1 million in surplus beach concession funds and worked with The Center on its $100,000 request for concession funds. We have not raised the millage rate since 2009.
Luther
What has/can the county do to assist the Island’s city governments?
Luther Create an Environmental Science Department to assess all things environmental – whether it be building, infrastructure, runoff drainage and sewers, roadways, chemical use, disposal methods, business operations and the transport of products.
Whitmore: Listen and stay involved. I routinely copy the Island cities’ elected officials on upcoming agenda items and anything related to the Island, so they’re informed of issues that affect them.
What percentage of your campaign contributions have come from the development and real estate communities?
Luther: Zero, not a single dollar. I have done most of this by myself without funding. That proves my dedication and that I am doing this because I truly care about my county and want to make it better.
Whitmore: My supporters are mainly the farming community, medical community and family businesses. Last year I had one fundraiser by the so-called developers that represent thousands of jobs and I have not had one since. I don’t accept contributions from Carlos Beruff or Mosaic, as they are so controversial.
What has the County Commission done to protect the county’s environment and natural resources and what more needs to be done in the next four years?
Luther: Stop phosphate mining in the watersheds of Lake Manatee, the Myakka River and the Peace River. Lake Manatee tested positive for cyanobacteria over a year ago, yet they continue to pollute with weed killer all around the county and residents were never notified of this bacteria in the water supply to my knowledge.
Whitmore: With the help of Swiftmud and other state agencies, the county has been restoring properties along the bays, lakes, rivers and natural shorelines. Manatee County was awarded as the first platinum green government in Florida last month. Manatee County has had a ban on fertilizer for five to seven years now, seagrasses are their healthiest since the 1950s, and we require developers to treat their run-off and hold 150 percent before it hits the bays.
Why should Anna Maria Island and Cortez voters vote for you instead of your opponent?
Luther: I have been out assessing the red tide situation and collecting samples trying to get something done to clean up this mess. Once I get the test results, I can identify the sources and start working on solutions. As an elected official, I should be able to finally get something done. A lot of citizens feel they have been ignored and have not had a voice. That is why I am running for the at-large seat, so I can help anyone in the county. It is time our government starts working for the people again.
Whitmore: My opponent does not know the Island’s politics, elected officials and what’s important to Island residents. My opponent does not know what it’s like to live in a tourism community and the toll it takes on residents. Many years ago, the county would not even visit the Island cites. That changed due to former commissioner John Chappie and myself.
What do people do when they have everything they can possibly need? A safe and secure place to live, plenty of good quality food and access to modern health care. You know what they do, they pay to be locked in a spooky room and challenged to find a way out.
One of the hottest forms of entertainment in our privileged country is called an escape room. In it, you are literally locked in for an hour with a group of other people and look for clues while the ghost of a recently departed leaves hints to help you find an exit.
Crazy as this may sound, it’s not nearly as crazy as selling properties where there is a belief of hauntings or a death in the property. In September I wrote a column about property disclosure and discussed that the state of Florida holds sellers responsible to disclose defects in a property. Although this disclosure does not have to be in writing, it is recommended for the seller’s protection that it is.
The state’s guidelines indicate that disclosure does not have to be made if the property was inhabited by a person infected with HIV or AIDS or that a murder or suicide has occurred or is suspected to have occurred on the property. Likewise, disclosure does not have to be made if the house is known to be haunted since there is no way to authenticate a haunted house; it’s all subjective.
However, the guideline also states that disclosure must be made if there is a potential impact on the value or desirability of the property. This is a little bit of a conflict and a gaping gray area in an already ambiguous zone of the disclosure. Most real estate professionals would advise full disclosure for rumors about hauntings as well as unusual deaths in the property just as you would disclose foundation cracks hidden behind walls particularly if you’re asked.
Even though sellers are not obligated to do so and would not have a financial obligation after a closing, why make a buyer feel he/she has been duped? Since some buyers are sensitive to previous activity in a property, the disclosure is the best course of action, as silly as it may sound. Even Bernie Madoff’s New York City condo had a problem selling because buyers didn’t want to be associated with the bad energy that may be lurking in the property.
But what about future developments adjacent to properties or bridges? Manatee County is exploding with construction – some very big that will change the lifestyle of nearby residents, not to mention the rebuilding of both bridges out to Anna Maria Island, both of which could impact existing properties.
These are projects that have been approved, on the books but not begun and would not be obvious to a potential buyer. Are sellers obligated to disclose future approved projects that could have a substantial financial impact on properties? Don’t look to me for an answer, but if it were me and I knew something on the books would financially or aesthetically impact property I was selling, I would have a sit down with an attorney.
In the spirit of full disclosure, you should disclose the spirits if you have any. Have a happy Halloween and watch out for the ghosts – even the friendly ones.
Even though it addresses two entirely unrelated subjects – prohibiting oil drilling and indoor vaping – Florida Constitutional Amendment 9 will be included on the 2018 General Election ballot in November, the Florida Supreme Court has ruled.
The decision reverses a Leon County Circuit judge’s decision to remove the proposal and two others from the ballot because they combine unrelated issues in single proposed amendments.
In its Oct. 17 opinion, the state’s high court ruled that the Florida Constitution Revision Commission (CRC) can include multiple issues in single amendments, a practice criticized by opponents as a political ploy to defeat popular proposals by pairing them with unpopular proposals.
First Place
Environmental Writing
2018
Three justices, R. Fred Lewis, Barbara Pariente and Peggy Quince, agreed with the ruling but criticized the practice.
“When amending our Florida Constitution, voters should not be forced to vote ‘yes’ on a proposal they disfavor in order to also vote ‘yes’ on a proposal they support because of how the Constitution Revision Commission has unilaterally decided to bundle multiple, independent and unrelated proposals,” Pariente wrote.
“Bundling multiple, independent and unrelated proposals in this way makes the task of voting significantly more difficult for Florida’s citizens, requiring them to decide – in addition to weighing the independent merits of each proposal – whether voting in favor of one proposal they approve of is worth also approving a proposal they do not favor.”
Earlier this year, the CRC approved the proposal, which would prohibit drilling for exploration or extraction of oil or natural gas beneath all state waters between the mean high-water line and the outermost boundaries of the state’s territorial seas, about nine miles off the western and southern coastlines and at least three miles off the eastern coastline.
It also adds the use of vapor-generating electronic devices to the current prohibition of tobacco smoking in enclosed indoor workplaces.
Passing the amendment might signal to a federal government that advocates drilling in federal waters that Floridians oppose offshore drilling, according to the League of Women Voters, which supports the amendment along with the Florida Wildlife Federation, Gulf Restoration Network, American Cancer Society, Florida Policy Institute, Progress Florida, Southern Alliance for Clean Energy and Earthjustice.
The amendment is one of 12 that Florida voters will decide Nov. 6. Constitutional amendments require at least 60 percent of the vote to become law.
If you live in Florida or other states along the East Coast almost up to Canada hurricanes and coastal flooding are just part of the territory. A little over a month ago, everyone in these regions had another wake-up call when Hurricane Florence blew into all of North Carolina and most of South Carolina before moving west. Although Florence made landfall as a Category 1, she was an enormous slow-moving storm that lingered for days dumping large amounts of rain into coastal communities and inland rivers.
Whenever a storm of this magnitude hits, it always makes everyone take stock of their flood insurance situation or lack thereof. According to the National Flood Insurance Program’s records, fewer homeowners in the Carolinas own flood insurance than five years ago. As of July 31, the latest figures available, the number of flood insurance policies in place were down 3.6 percent from 2013. In South Carolina, flood policies were down 1.2 percent. This is in spite of the region’s significant coastal development in recent years.
That said, after last year’s hurricanes and subsequent flooding from Harvey, Irma and Maria, policy ownership rose 3.6 percent in North Carolina and 2.8 percent in South Carolina. These states have seen an influx of retirees and young families from the Northeast and California seeking more affordable homes but may not really appreciate the importance of flood insurance and exactly what it covers if they have never lived in a flood-prone region.
Thanks to the Flood Disaster Protection Act, everyone who lives in a flood zone can purchase flood insurance and The Federal Emergency Management Agency (FEMA) produces flood maps for this purpose outlining special flood hazard areas. The Flood Disaster Protection Act is a government subsidized program, and as we know, the government has been attempting to lower their financial exposure because of this huge subsidized program with premiums going up annually.
If you have a mortgage on your home, your lender will require you to have flood insurance, and even if you live in a condominium, the lender will require proof of flood insurance purchased by your condo association annually. The flood coverage at a minimum needs to be at least equal to the lesser of the combined outstanding balance of all loans and lines of credit limit and 100 percent of the estimated replacement cost value of the building.
However, many homeowners who do not have outstanding mortgages because they are either paid up or the property was purchased with cash, choose to go without flood insurance, especially in recent years since premiums have increased in cost. This is especially true of residents who have lived a long time in areas that have never flooded and become overconfident about the future. But as we know it, only takes one bad storm combined with stalled downpours and high tides to change all that.
And for those homeowners who go without flood insurance and look to the federal government to bail them out, well they may be a little disappointed. The Federal Emergency Management Agency may provide a fraction of what it will take to repair their damaged property and bounce back, but it could take a long time to get those funds, little as they may be.
The bottom line is if you live in a designated flood zone, buy flood insurance even if you’re not mandated by a lender. Anything else is just crazy and too risky. Be responsible even though the storms aren’t.
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