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Bridge Street hotel prompts public opposition

Bridge Street hotel prompts public opposition

Written by Leslie Lake on . Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – A long-awaited public hearing by the Planning and Zoning Board on a proposed 106-room hotel at the intersection of Bridge Street and Gulf Drive South brought an overflow crowd to city hall, many of whom were opposed to the hotel project.

At the Nov. 1 meeting, WMFR Fire Marshal Rodney Kwiatkowski ensured the room’s 51-person capacity was adhered to. Audio of the meeting was streamed outside for those who were not allowed to enter due to over-capacity.

Bridge Street hotel prompts public opposition
Some public hearing attendees stood outside city hall and listened to the hearing through an outdoor speaker because the commission chambers were full. – Joe Hendricks | Sun

The Land Development Code application for the yet-unnamed Bridge Street hotel project includes the hotel, a 60-seat restaurant, 2,485 square feet of retail and 99 on-site parking spaces. Property owners Shawn Kaleta, a local developer, and Jacob Spooner, business owner and Bradenton Beach city commissioner, made the application on Dec. 2, 2022.

Bridge Street hotel prompts public opposition
This architectural drawing included in the planning board meeting packet refers to the proposed resort hotel as ‘The Bridge Hotel.’ – City of Bradenton Beach | Submitted

The 4.5-hour meeting consisted of city staff recommendations, public comments and a presentation by applicant’s representatives.

No resolution was reached, leading to a continuation of the discussion scheduled on Monday, Nov. 13 at 10 a.m.

“We are meeting today for a public hearing to consider a major development consisting of a resort hotel, retail space, and parking, along with an ordinance by the City of Bradenton Beach amending the zoning atlas of the city of Bradenton Beach, for 1.61 acres, more or less, of real property located at 101, 105 and 117 Bridge Street, and 106, 108, 110 and 112 Third Street South, establishing a Planned Development Overlay District within the C-1 and C-2 zoning districts, providing for findings and providing for an effective date,” P&Z Chair Bill Morrow said at the start of the Nov. 1 meeting.

Bridge Street hotel prompts public opposition
Planning and Zoning Board members Fred Bartizal, John Burns, Bill Morrow and Dan Morhaus reviewed the proposed hotel plans. – Joe Hendricks | Sun

Planning and Zoning Board members were asked to confirm that they had no ex-parte communications concerning the project and that they had no conflicts of interest, financial or otherwise, in the hotel project. Board members Morrow, Fred Bartizal, John Burns and Dan Morhaus replied that they did not. Ken McDonough was absent with excuse from the meeting.

“There are two matters to be voted on,” attorney Robert Lincoln said, representing the Planning and Zoning Board in the quasi-judicial hearing. “One will be the question of the proposed major development, the site plan, and it has to meet the enumerated criteria, I think it’s section 407 or 410 of the code. The other question before you today is whether or not to approve the planned development overlay rezoning. That involves a separate vote and motions, and a separate, different criteria. You have to apply the competent substantial evidence you hear today to the extent you hear it, to the various criteria.”

“The interpretation of the code, the legal questions, are generally up to you,” Lincoln said to P&Z members. “In interpreting the code, you can take the advice of your city planners.”

Bridge Street hotel prompts public opposition
The vacant former Freckled Fin property and the vacant former Joe’s Eats & Sweets property are part of the applicants’ planned development overlay district rezoning request. – Joe Hendricks | Sun
Bridge Street hotel prompts public opposition
Shawn Kaleta’s Bridge Street Resort LLC owns the Island Time Inn on Bridge Street that would be demolished to make room for the new hotel. – Joe Hendricks | Sun

The Planning and Zoning Board is a recommending body that will either recommend city commission approval or denial of the proposed hotel project. The city commission has its own public hearings scheduled on Thursday, Nov. 16 at noon and on Thursday, Dec. 7 at 6 p.m.

City planner recommends approval, with conditions

City planner Luis Serna AICP presented the staff report.

“I will just summarize the important parts (of my report),” Serna said. “To summarize the project, the parcels total approximately 1.6 acres. They’re located in a mixed-use Bridge Street Commercial Land Use category and the Bridge Street Community Redevelopment Agency (CRA) district. The parcels currently contain commercial uses, including a hotel, two restaurants, previously developed vacant land and attached single-family dwellings… The applicants are proposing to develop this under the PD (planned development) regulations which are intended to provide flexible zoning overlays with the submission of a custom plan of development for the site.”

Bridge Street hotel prompts public opposition
Bradenton Beach Building Official Steve Gilbert, left, and City Planner Luis Serna, right, recommend approval of the proposed hotel project. – Joe Hendricks | Sun

Serna read from his Oct. 25, 2023, memorandum to the Planning and Zoning Board in which he cited the applicable land development code requirements: Sect. 211.4, Criteria for Zoning Map Amendments; Section 307.13, PD Overlay District and Section 410.7, Review of Major Development Plans.

In reading a section that provides for the review criteria for major developments, Serna said, “The project currently proposed 17 parking spaces that partially encroach into the right of way of Third Street South. This parking encroachment is similar to existing parking encroachments that occur along Bridge Street. This issue may be addressed as a component of the proposed PD review.

“The use will not cause substantial injury to the character of the area, and the value of the other property in the neighborhood, if subject to the conditions recommended below,” he said.

Bridge Street hotel prompts public opposition
The proposed resort hotel plans include a rooftop deck and swimming pool. – City of Bradenton Beach | Submitted

Those conditions are that the hotel will be furnished with blackout curtains and education about the protection of sea turtles and prevention of ambient lighting from rooms facing the beach, and the applicants will provide an easement for access to the trash receptacles at Daiquiri Deck at 107 Bridge St.

“There is some encroachment into parking spaces on the right of way,” Serna said. “That could be handled as a part of the planned development process.”

Following Serna’s presentation, P&Z members drilled down on parking, potential overload of water volume and usage, traffic impacts and turtle lighting.

“There were two or three different times you said you were in agreement but requested additional information on some critical items to make a decision,” Morhaus said to Serna. “How can we evaluate this without the responses?”

Bridge Street hotel prompts public opposition
Planning and Zoning Board member Dan Morhaus is concerned about the applicants’ request to reduce the project’s total parking requirements. – Joe Hendricks | Sun

“That’s regarding concurrency management,” Serna said. “We have not received any information on that. Perhaps the applicant can address that.”

Serna said the applicants did provide reports on water and sewer usage as well as traffic impacts, and he is requesting additional information about adequate fire flow.

“If you had 106 rooms with toilets, will our sewage system be able to handle that?” Morhaus asked.

“We would have to have evidence from county utility companies,” Serna said.

Morrow expressed concern about the hotel lighting and its impact on sea turtles.

“The plans that were submitted were sea-turtle friendly fixtures with amber bulbs,” Building Official Steve Gilbert said.

“How many parking spaces are required for a 106-room hotel?” Burns asked Serna. “According to the attorney (Lincoln), we’re looking at a major development. We can’t look at PD until we’re done with deciding which way we’re going with the major development and then they’re asking for a rezone to the PD.”

“While you look at major development plan, you’re looking at what’s proposed,” Lincoln said. “They’re allowed to ask for relief.”

Lincoln referred to the process as a “chicken and egg thing.”

“They go together,” he said. “Rezoning is contingent on the site plan. The site plan is the basis for asking for relief on the PD.”

“We can’t see the degree of relief that is being asked for,” Burns said. “If we’re going to let them ask for it, we may as well know how much. We have a hotel of 106 rooms, how many spaces are required?”

“One space per unit and an additional 10%,” Gilbert said. “That’s 117 spaces and 15 for the restaurant.”

Serna said 133 total spaces are required, and the applicants are proposing 99 spaces.

Bridge Street hotel prompts public opposition
Planning and Zoning Board member John Burns wants to know exactly how many hotel parking spaces the applicants propose and how many parking spaces the city’s land development code could require. – Joe Hendricks | Sun

Burns asked if that includes staff.

“Right now, we’re looking at 117 for the hotel for patrons and staff,” Burns said. “Now we’re at 132? The restaurant is going to require staff.”

Serna said general standards for restaurants apply to patrons and staff.

“We would need to ask the applicant what the intended operation was to get a number,” Burns said. “We have no indication of how many retail units there are.”

“One space per 250 square foot gross floor area for retail,” Gilbert said.

“So, 2,450, we’re looking at 10 parking spaces?” Burns said.

“There’s 17 (spaces) on Third Street South,” Gilbert said. “There’s a number of existing spaces at the Daiquiri Deck that are shared. That is nine additional spaces and one or two handicapped spaces.”

It was noted that approximately two-thirds of each of those proposed 17 street-side parking spaces would be located on city-owned right of way.

Bridge Street hotel prompts public opposition
The 17 proposed hotel parking spaces along Third Street South, shown at the bottom of this illustration, would be partially located on the city-owned right of way. – City of Bradenton Beach | Submitted

“This would be the utilization of city right of way,” Burns said. “This being the shared land use on both Third and Second (Bridge Street) where the property own­ers own a piece and the city owns a larger piece.”

“Those parking spaces, about two-thirds of each of those are owned by the city,” Burns said. “If those are removed, then we have a further reduction. The other issue is those parking spaces on Third have their access restricted to go through the hotel multi-use property. This is under the strict control of the facility, meaning the public has no access to public lands provided by the city. This is why I’m asking on the parking requirement.”

The parking report provided by the applicants is too vague for actual use, Burns said.

“When you add all these up, it comes up as more than 133. So, the applicant is asking for a reduction in parking? That issue concerns me,” Burns said.

“They’re talking about using shuttle services as a reason for reduction in parking,” he added. “We have taxpayer-supported parking spaces and we have taxpayer-supported conveyances that would be used for private enterprises.”

Morhaus suggested reducing the number of hotel rooms to meet the city’s parking requirements.

Public Comment

Seminole, Florida-based attorney David Blum and land planner Misty Servia were retained by Bradenton Beach property owners Bob Bolus and Christine Johnson, and hotel opponent Hunter Jensen. Servia said they also were representing the neighborhood surrounding the hotel. In a departure from the three-minute time limit to speak for individuals and five minutes for those representing others, Blum and Servia requested 30 minutes to address the board. They were granted 15 minutes.

Bridge Street hotel prompts public opposition
During the hearing, attorney David Blum, left, represented Bradenton Beach condo owner and part-time resident Bob Bolus, right, and a group of citizens who oppose the proposed hotel. – Joe Hendricks | Sun

“The applicant in this situation is seeking rezoning of a PD district, but the staff has not advertised or analyzed rezoning, which is a quasi-judicial matter,” Blum said. “The staff report indicates the applicant is adding the PD overlay administratively, which goes against statute.”

Blum asked for public records, which he was told were voluminous and would be provided after the meeting, based on what he said were comments by Bradenton Beach City Attorney Ricinda Perry.

“The comment is improper for a city attorney in a quasi-judicial hearing,” Blum said. “We shouldn’t have these conversations outside this hearing.”

Blum presented a copy of a Facebook conversation in which Perry apparently “liked” a comment supporting the hotel project.

Bridge Street hotel prompts public opposition
Attorney David Blum presented a copy of a Bridge Street hotel-related Facebook comment that City Attorney Ricinda “liked” with a thumbs-up emoji. – Joe Hendricks | Sun
Bridge Street hotel prompts public opposition
On Dec. 22, City Attorney Ricinda Perry posted this Facebook comment at the Island Ratz Unite Facebook page in response to other comments that were critical of the newly-proposed hotel project. – Facebook | Submitted

“There is no mention of rezoning in the notice,” Blum said. “The notice is defective which renders this proceeding subject to challenge.”

Servia, a former Manatee County commissioner and a certified land use planner with 34 years of experience, spoke next.

“I want to make sure Bradenton Beach does the right thing,” she said. “I want to make sure you follow your comprehensive plan and land development code. This redevelopment opportunity is a once-in-a-lifetime opportunity and I want everyone to come together and get it right.”

Bridge Street hotel prompts public opposition
Certified land use planner Misty Servia said the city’s comprehensive plan limits hotel/motel/transient units to 18 units per gross acre. – Joe Hendricks | Sun

Servia read from the city’s comprehensive plan.

“This policy states that hotel/motel/transient units are limited to 18 units per gross acre,” Servia said. “That’s very important because that’s also transcribed in your zoning and land development code. The comp plan cannot be modified with the PUD zoning, and your comp plan limits the density to 18 hotel units per acre.”

The proposed hotel with 106 rooms on 1.61 acres is clearly inconsistent with the comprehensive plan, she said.

“The number of units should be decreased to 28 hotel rooms,” Servia said. “And the height or usable stories be reduced to three to comply with the comp plan.”

Servia also addressed what she said was a deficiency in parking for the hotel.

“The parking study was provided by the applicants because they can’t meet the minimum standard in your land development code,” she said.

After the meeting, Servia told The Sun that Bolus is prepared to file and fund a lawsuit if the project is approved by the city commission.

Twelve people spoke in opposition to the hotel project, many citing traffic and noise concerns. Two speakers, Jim Hassett and Drift In owner Derek Williams, spoke in favor of the hotel project.

Bridge Street hotel prompts public opposition
On behalf of himself and other Capri Condo owners, Colorado-based architect Steve Steinbicker expressed the group’s opposition to the proposed hotel. The Bradenton Beach condo that he shares ownership of is advertised as an Airbnb vacation rental and is registered with the city as a vacation rental. – Joe Hendricks | Sun
Bridge Street hotel prompts public opposition
Longtime Bradenton Beach resident Jim Hassett spoke in support of the proposed resort hotel. – Joe Hendricks | Sun

Additionally, 13 emails opposing the project were read into the record by Deputy City Clerk Christine Watson.

Applicant’s presentation

Stephen Thompson, a land attorney with the Najmy Thompson law firm, represented the project applicants. The presentation also included land planner Susan Swift, traffic engineer Nathan Poole and project manager and architect Shaun Luttrell.

Bridge Street hotel prompts public opposition
Architect Shaun Luttrell and attorney Stephen Thompson represent property owners and project applicants Shawn Kaleta and Jake Spooner. Kaleta and Spooner did not attend the public hearing. – Joe Hendricks | Sun

“This may be the most important decision the city is going to be making about Bridge Street,” Thompson said. “I think the city has been planning for this type of development for many years.”

Bridge Street hotel prompts public opposition
Planning and Zoning Board member Fred Bartizal posed questions about hotel access for delivery trucks and garbage trucks and the use of city-owned rights of way for hotel-affiliated parking spaces. – Joe Hendricks | Sun

The Bradenton Beach Community Redevelopment Agency, comp plan and land development codes identify Bridge Street as the commercial center, he said.

“We felt the city had laid the groundwork for this type of development, because all your plans really encourage this type of use,” Thompson said. “When you take this proposal and you match it against your CRA plan, this plan meets the goals of your plan.”

Bridge Street hotel prompts public opposition
The Fudge Factory and Fish Hole miniature golf properties owned by Jake Spooner’s Bridge Street Bazaar Inc. are included in the hotel plans.- Joe Hendricks | Sun

Thompson said this is a superior plan and will set the standard for redevelopment in the Bridge Street area.

“We’re not asking for any special waivers on height,” Luttrell said. “We’re 29 feet above the design flood elevation. I hope I can put that concern to rest.”

In traffic and parking mitigation efforts, he said there will be shuttle service to and from the airport and a charge for onsite hotel parking to encourage the use of shuttle service.

Luttrell showed a slide showing parking spaces on Third Street South.

“I’m having an issue with the parking,” Morhaus said. “They’re asking for a variance and taking away 17 spaces from the city.”

Luttrell said an option would be to integrate parallel parking on Third Street.

“The fundamental issue appears to be parking,” Thompson said, suggesting that a revised parking plan be presented at the next meeting.

Poole said, based on a traffic study, the hotel will generate a car every two minutes.

“We’re not talking about a major traffic generator here,” Poole said.

Bridge Street hotel prompts public opposition
Certified land use planner Susan Swift said the number of hotel rooms allowed should be based on the commercial development’s floor area ratio and not the 18 units per acre stated in the city’s comp plan. – Joe Hendricks | Sun

Swift, an AICE-certified planner, disputed Servia’s claim that 18 units per acre apply to hotels.

“That density is meant for residential,” Swift said. “We don’t use units per acre, we use Floor Area Ratio (FRA) for commercial use.”

Swift also explained that the rooftop pool area is not to be considered a fourth floor.

“The LDC explains that excludes open-to-the-air areas,” she said. “This project does meet the height requirements.”

The experts disagree

“She’s wrong,” Servia said about Swift’s comments following the meeting. “They are grasping at straws. The comp plan states there are 18 units allowed per acre. If it only went by FAR, there would be hotels springing up all over.”

“You can never waive the comp plan,” she said. “It’s the law.”

The Nov. 13 meeting will be open to the public, but, as it is a continuation of the Nov. 1 meeting where public comment was closed, there will be no opportunity for members of the public to speak.

(Sun reporter Joe Hendricks contrib­uted to this story)

Related coverage

 

Public hearings scheduled on Bridge Street hotel

Whitmore reflects on election results

Whitmore reflects on election results

Written by Joe Hendricks on . Posted in Community News, Manatee County.

HOLMES BEACH – Holmes Beach resident Carol Whitmore’s tenure as a Manatee County commissioner will end in November.

Seeking a fifth term in office, Whitmore lost the At-Large District 6 Republican primary race to Jason Bearden. During the primary election that concluded on Aug. 23, Bearden received 28,011 votes (61.54%), Whitmore received 11,532 votes (25.33%) and Carol Ann Felts received 5,977 votes (13.13%). Whitmore raised $139,576 in campaign contributions, Bearden raised $108,282 and Felts raised $11,080.

Whitmore reflects on election results
County Commissioner Misty Servia was also defeated in her Republican primary race. – Supervisor of Elections | Submitted

Facing no Democratic candidate in the general election, Bearden will be sworn in as the new District 6 commissioner soon after the Nov. 8 election results are certified.
Incumbent District 4 County Commissioner Misty Servia lost her Republican primary race to Mike Rahn. Rahn received 4,714 votes (62.47%) and Servia received 2,832 votes (37.53%). Facing no Democratic opponent in the general election, Rahn will claim the District 4 seat in November.

Incumbent Commissioner Reggie Bellamy defeated former County Commissioner Charles Smith in the District 2 Democratic primary race. Bellamy received 2,637 votes (63.9%) and Smith received 1,490 votes (36.1%). Bellamy faces Republican challenger Amanda Ballard in the general election.
Of Manatee County’s 276,298 eligible voters, 86,426 (31.28%) voted in the primary election.

Whitmore reflects

When contacted by The Sun, Whitmore shared her thoughts on the election results, her time in office and what’s next for her.

“I’m disappointed, but it’s not the end of the world. Voter turnout was disappointing, but that’s to be expected in a primary election. I was surprised at the final margin, but a lot of misinformation, false narratives and keywords were given to the voters and the election results show that. Political action committees took me out, not my opponent. Jason Bearden is a four-year resident of Manatee County. He was encouraged to run by Commissioner James Satcher, who I defeated in 2018. His philosophical beliefs and the current political climate were the reasons he won – and he would not debate me because his team told him not to. Jason Bearden has many flaws and he did not report his true income, his bankruptcy and other things the public needed to be aware of to make an educated vote,” Whitmore said.

Whitmore was asked if the margin of victory in her and Servia’s races say anything about the political climate in Manatee County and the county commission’s continued shift to the far right.

“Manatee County is a very red county and I am a proud Republican,” Whitmore said. “The right fringe of our party has taken over for now, but that won’t last. True Republicans will bring the party back. When my opponent puts on his Facebook page that he will hook somebody up with a QAnon contact, that’s something we should all be concerned about.”
In 2020, incumbent Republican commissioner Priscilla Trace lost her primary race to Satcher. Whitmore was asked if she had any thoughts as to why three incumbent Republican commissioners have been unseated in the past two elections.

“Because we voted for Cheri Coryea to serve as the new county administrator when Ed Hunzeker left. We were told by some to vote for someone else, but I vote the way I want. We also voted for the Musgrave property on Lena Road to be purchased and utilized for county services in east and north Manatee County. That purchase was recommended by county staff but some commissioners and candidates decided to make it a political issue during the 2020 election cycle,” Whitmore said.

Whitmore was asked if she’s concerned about the current state of the county government and the county administration now led by County Administrator Scott Hopes.

“Yes, we have one commissioner who violated her oath of office and has a hearing in November. We have another commissioner who admitted to having an affair in 2021 and is going to court soon for allegedly driving under the influence,” Whitmore said. “We have a county administrator who considers himself the eighth commissioner and his communication skills are severely lacking. He’s spending taxpayer dollars like I’ve never seen before. He’s also trying to control the messaging and prohibiting or stifling commissioners from doing our jobs for our citizens. He’s making deals without the commission’s approval and forgetting that we, the commission, are the ones that set policy, not him. At the upper management level, employee turnover is the highest I’ve ever seen,” Whitmore said.

Accomplishments

Whitmore was asked what accomplishments as a county commissioner make her feel most proud. Her list began with improved communications with elected officials in the city governments within Manatee County.

She also mentioned the efforts to make the county animal shelter a no-kill facility, banning the retail sale of dogs and cats in pet stores, adopting anti-tethering and animal abuse ordinances and the county’s acquisition of the Bishop Animal Shelter.

Whitmore said she never voted in favor of raising property taxes and on more than one occasion voted in favor of lowering the millage rage, which she said she will do again before leaving office this fall.

She’s also proud of her work with the elder abuse program, the animal abuse task force, providing indigent care funds for uninsured patients, providing support for the homeless, pushing for more affordable housing, supporting the construction of the Fort Hamer Bridge and trying to keep county residents safe during the COVID-19 pandemic.

Before joining the county commission, Whitmore served as a Holmes Beach city commissioner and then as the mayor of Holmes Beach. She also worked as a registered nurse until last year.

As for what’s next, Whitmore said, “I’ve had had so many calls in the past week and that humbles me. I’ve also received many job offers. Right now, I just want to finish my duties as a commissioner, and my husband has been very ill during the past three months and I will continue to help care for him.”

When asked if this marks the end of her political career, Whitmore said, “Nope, just wait and see.”

Kruse discloses affair, seeks Coryea’s termination

Kruse discloses extramarital affair, seeks Coryea’s termination

Written by Joe Hendricks on . Posted in Community News, Manatee County.

MANATEE COUNTY – County Commissioner George Kruse last week called for County Administrator Cheri Coryea’s termination.

During the discussion, Kruse admitted having an extramarital affair, saying that Commissioner Carol Whitmore’s knowledge of the affair factored into his decision to publicly acknowledge it, and he used the word “blackmail” when doing so.

These events transpired during the Tuesday, Jan. 26 Manatee County Commission meeting. In response to Kruse’s public comments, Whitmore retained Sarasota attorney Brett McIntosh.

During Tuesday’s meeting, the commission voted 4-3 in support of Kruse’s motion to put Coryea on notice that her termination would be discussed at a future meeting.

Commissioners Vanessa Baugh, Kevin Van Ostenbridge and James Satcher supported Kruse’s motion. Whitmore and commissioners Reggie Bellamy and Misty Servia opposed it.

Coryea’s termination will be discussed and likely acted upon during a special county commission meeting on Wednesday, Feb. 17. The meeting will take place at the Bradenton Area Convention Center in Palmetto and will start at 1:30 p.m.

Kruse discloses affair, seeks Coryea’s termination
County Administrator Cheri Coryea is facing termination once again. – Joe Hendricks | Sun

In November, Kruse, Baugh and Satcher supported Van Ostenbridge’s motion to put Coryea on notice that her termination would be discussed and potentially acted upon in January. In December, the commission unanimously supported Kruse’s motion to reconsider that November decision and they rescinded the termination efforts.

Meeting fallout

Tuesday’s revelations and actions were partially inspired by the public fallout that followed the Friday, Jan. 22 meeting that Whitmore and Kruse had at Whitmore’s request. That meeting took place in a conference room on the fifth floor of the Manatee County administration building in downtown Bradenton. Whitmore requested the one-on-one meeting with Kruse so he could share with her his knowledge about affordable housing and how to fund it.

Coryea, Director of Financial Management Jan Brewer and Vickie Tessmer, from the Clerk of the Court’s office, were asked to attend the 8 a.m. meeting. Tessmer took minutes and recorded the meeting. After learning of the meeting that morning, Van Ostenbridge arrived at 8:18, according to Tessmer.

The meeting was noticed at the county’s online calendar and on the county bulletin board. The meeting agenda was not posted at the county website where agendas are typically posted and Baugh, Bellamy, Satcher, Servia and Van Ostenbridge were not directly notified.

Kruse discloses affair, seeks Coryea’s termination
Commission Chair Vanessa Baugh believes county staff will continue to carry out their duties despite the disruption. – Joe Hendricks | Sun

In response to how that meeting was noticed and conducted, Baugh placed a discussion item on the agenda for Tuesday’s meeting. The discussion began with Van Ostenbridge expressing concerns that his appearance may have constituted a Sunshine Law violation because his name was not included in the notices. Satcher also voiced displeasure about not being notified.

Regarding compliance with the Florida Government in the Sunshine Law, County Attorney Bill Clague said, “I am comfortable that all of the participants have complied with the Sunshine Law with respect to this meeting. The fact that a meeting satisfies a Sunshine Law doesn’t necessarily mean it follows all of our practices for transparency or public participation. These kinds of meetings are very rare in the county. I can count on one hand the number of times I’ve dealt with this in 24 years of practice.”

Clague said he was consulted in advance regarding the meeting format but was surprised he and his office were not notified of the exact time and date.

Regarding future meetings of this nature, Clague said, “There is no protocol in place right now for how they should be handled. If the board wants to direct the county attorney’s office to put one together, we are certainly prepared to do that.”

After further discussion, the commission unanimously supported the following motion recommended by Clague: “I move to direct the county attorney’s office to draft a resolution establishing protocols for meetings between commissioners to discuss business of the county outside of meetings of the full board or other established boards on which they serve, to include a requirement for other commissioners to be invited to attend, and for attendance by an attorney from the county attorney’s office.”

Kruse speaks

Kruse then spoke at length and began by saying, “First and foremost, I do want to sincerely apologize to the people of Manatee County and my fellow commissioners for the nature of how the meeting on Friday went down. I was told by the county administrator that everything was going to be properly noticed and handled appropriately. While I do believe it was legally and statutorily compliant, I realized the optics were terrible and that was certainly not the intent.

Kruse discloses affair, seeks Coryea’s termination
County Commissioner George Kruse discussed his own affair when seeking the termination of the county administrator. – Joe Hendricks | Sun

“I realized this was incredibly poorly handled. My first thought was honestly one of surprise that a 30-year public sector employee and a four-term commissioner could so carelessly structure this meeting to result in now rightfully deserved backlash. I chalked it up as carelessness until I was passed troubling information this weekend which leads me to believe there may be more to it than sheer ignorance,” he said.

After pausing for a deep breath, Kruse said, “I would never bring my family situation up on this dais, but in this case I will for the good of Manatee County. Late last year, I did the absolute worst thing a person can do to someone they love – and she’s in the audience right here. I had a short but nonetheless real affair. I’m not going to make excuses for it, nor am I going to ask any of you for forgiveness. Fortunately, because my wife has patience and the heart of a saint, we’re doing fine and we’re working through this together.”

“Why do I come up here and tell you this private and seemingly unrelated information? Well, because while it was going on, one commissioner, Carol Whitmore, knew about it. Rather than ignore something that didn’t pertain to her, I’ve learned that she actively acquired pictures from while we were out in public. I’ve now learned from people I trust that she’s actively spreading this information, even though she knows it’s over. I believe her intention for obtaining the pictures was to use them to manipulate votes on this board.

“As my wife knows about it, and it is in fact over, the only blackmail she hoped to achieve would be a public embarrassment that would inevitably trickle down to my 11-year-old daughter and my 14-year-old son. What I did to my family is inexcusable, but it doesn’t affect the county or you the citizens. I felt it necessary to get this out there now ahead of time, before there’s even a shadow of a doubt regarding my stance on anything,” he said.
Kruse, who took office on Nov. 17, said, “These past two months have shown me exactly how this county has run in the past – and unfortunately, in the present. It’s run by people wanting for absolute power at any cost.”

He then referenced the previously rescinded efforts to terminate Coryea and her two-year tenure as county administrator.

“Seven weeks ago, I gave this administration the benefit of the doubt to achieve the agenda the majority of Manatee County wants and deserves. I still think we would get a good portion of that work accomplished. What I do not think will change, however, is the toxic culture that doesn’t put the people first. It has now been two years with this administration, so at this point what we see is what we’ll get.”

After noting that his request for the audio recording of the Jan. 22 meeting be posted in the county’s online archives had not yet been fulfilled, Kruse proposed Coryea be put on termination notice for a second time.

“This needs to change now, even if it leads to short-term disruptions I was previously hoping to avoid. I no longer believe that meeting quantitative benchmarks can ever give me assurance or comfort in the continuation of a fundamentally flawed system. I am, therefore, once again bringing up the motion to notice the termination of the county administrator pursuant to the contract and I will leave it up to the will of this board to determine whether recent actions deem this with or without cause,” Kruse said.
Commission Chair Vanessa Baugh then called for a five-minute recess, which then turned into the commission’s lunch break.

During the break, Whitmore was asked about Kruse’s allegations. She said the picture was sent to her unsolicited and that she deleted it and did not pass it around. Whitmore would not divulge the name of the woman in the photograph.

Whitmore responds

When the meeting resumed, Whitmore spoke first.

Kruse discloses affair, seeks Coryea’s termination
County Commissioner Carol Whitmore disputes the allegations made by George Kruse. – Joe Hendricks | Sun

“First of all I want to be very clear, Carol doesn’t break laws and I’m ethical,” she said.
“I was sent a picture maybe two or three months ago. Mr. Kruse was somewhere with another party. It was really very benign, but everybody’s making a big deal out of it. To me it was nothing. It was just two people sitting there talking.

“When he came by my office one day, I said I want you to know that there’s some people in town that are sending pictures around about you. I said I could care less what you do with your personal life. I said you do have the most powerful job in Manatee County and you’ve got a family.

“So, time passed. I saw the picture and I never did anything with it. So then, I get somehow involved with the other party and I hear it’s all over. Then I see him again and I said I heard everything’s all over and that’s good. He said yep, he’s going to work it out. I said that’s good and that was more or less it,” Whitmore said.

“Mr. Kruse mentioned that I was passing it around the community. Those pictures have gotten around the community. I have had close friends that I said something to and I said it’s over,” Whitmore said.

Regarding Kruse’s use of the word blackmail, Whitmore said, “What you said is a terrible accusation and it’s not true.”

Regarding Coryea’s proposed termination, “To pull Cheri into this? First of all, it’s not related. I asked her, as one of her seven bosses, to pull a meeting together. She passed it on to our clerk and our agenda coordinator. I asked for her and Jan to be at the meeting and that was it,” Whitmore said.

When contacted Wednesday regarding Kruse’s public statements, McIntosh said, “Carol Whitmore would never engage in blackmail. The allegation is false and, frankly, is slanderous. One hopes that Commissioner Kruse’s comments were an emotionally-charged mistake and it’s too early in the process to make any further determination on whether any next steps will be needed.”

Termination discussion

Commissioner Reggie Bellamy said the commission’s focus should be on providing COVID-19 vaccinations to county residents, including those in his district.

Kruse discloses affair, seeks Coryea’s termination
Commissioner Reggie Bellamy wants the county and the county commission to stay focused on COVID-19 vaccinations. – Joe Hendricks | Sun

“Whatever direction we go, with or without the county administrator, what are we going to do about getting these people vaccinated?” he said.

“If we move forward with this, this will be a disruption of business at the highest level,” Servia said. “I’m not just talking about Cheri. We’re talking about the whole structure underneath Cheri. I do understand everybody having an opinion about county leadership, I just ask you to think about the timing of this.”

Sharing a differing opinion, Baugh said, “I don’t believe this affects COVID. I don’t believe this county will not continue to move forward. If that’s the case, we have a bigger problem than we thought. Your county does not run just because of your county administrator. It runs because of all the people, including this board.”

Van Ostenbridge then said, “This board, under this administration, I think is hopelessly divided. I don’t see another path forward other than to part ways with the administrator. When I met with her before (in November), I asked for her resignation and said I would make a motion to honor her severance package if she would resign. I’m still good for my word. If you will offer your resignation, I will immediately make a motion to honor your 20-week severance package in your contract. You’ve been a longtime employee in this county, 30 years, and I think you’re entitled to that.”

Post-meeting comments

After the meeting, Kruse was asked why he acknowledged his affair when addressing his concerns about Coryea and the Jan. 22 meeting.

“There’s two reasons. One, I was looking for a real example of how toxic this culture is. And somebody who literally is sitting on pictures of a sitting commissioner and making veiled threats with these pictures is a toxic culture. The second thing is, she (Whitmore) was starting to spread it around.

“I couldn’t wait three months or six months or a year and be voting on things like Animal Services and vote the same way as Carol. Or I vote something down and so does Carol. I’d never live down that sneaking thought in the back of peoples’ heads that those votes were because of something that was hanging over my head. It’s something I needed to get out anyway. She had information and I don’t know what she was going to do with it.”

Kruse said his female companion and Whitmore communicated during the holidays: “I had the other party to this situation sending me text messages worried that we were being blackmailed or were going to be. That was based on conversations she had with Carol.”

Kruse said Whitmore never showed him the photograph and he had not yet seen it.

“Today was the first time I found out it was in a bar. She had it and never sent me the picture and never told me what it was. In my mind, that’s something she was holding for herself at some point in time.

The Sun later spoke with several people who’ve seen the photograph of Kruse and his companion. Some said they were shown the photograph and others said they received it and deleted it. One person familiar with the photograph said it was taken in late November at Peggy’s Corral, a bar in Palmetto. Another person said additional photos of the couple were taken that day. To date, The Sun has not seen or obtained any of those photos.

Commission abandons Coryea termination efforts

Commission abandons Coryea termination efforts

Written by Joe Hendricks on . Posted in Community News, Featured, Manatee County.

MANATEE COUNTY – Led by County Commissioner George Kruse, the Manatee County Commission has ended its efforts to potentially terminate County Administrator Cheri Coryea.

On Nov. 19, Kruse joined commissioners Vanessa Baugh and James Satcher in supporting Commissioner Kevin Van Ostenbridge’s motion to put Coryea on notice that her termination would be discussed and voted upon on Wednesday, Jan. 6.

Toward the end of Thursday’s land use meeting, Kruse delivered an unexpected speech that concluded with him making a motion to reconsider that Nov. 19 action.

“I don’t think it’s a secret that I wasn’t a huge fan of it, but at the time I voted for it to allow for dialogue, and for myself to do my proper diligence and get it to a finality,” Kruse said.

“I promised everybody at that meeting that I would talk to everybody. In these last three weeks, I’ve canceled a trip out of town. I’ve talked to five mayors. I’ve talked to literally every single department head. I’ve talked to business leaders, associations and I’ve spent probably four to five hours one-on-one with Cheri going over everything I want in Manatee County, how she envisions Manatee County and if we could work together.

“But I also promised on my campaign that there’s certain things I would do as a commissioner for the citizens of Manatee County. I promised I would work on lowering taxes and fixing our quality of life with some of the reserves we’re sitting on. I promised that we would push for less regulations and more efficiencies in government. And I said that I would work on cleaning up the departments and how we handle hiring, because in some cases it looks like there’s a bit of cronyism in the seniority versus merit. I also wanted to add a sense of private sector conservatism to our county,” Kruse said.

“I didn’t campaign on the promise of firing one person. I campaigned on a promise of improving the lives of 410,000 people in Manatee County, but I did not promise to come in here as an agent of chaos. I promised to come here as an agent of change. In my opinion, the best interest of Manatee County – both for my supporters and the people who didn’t support me – is to get these changes moving quickly and efficiently. I do not inherently believe that delaying these important items 12, 18, 24 months while we rebuild our government makes sense for anyone. It was not a fundamentally sound reason to do so. It would burn half my term and eliminate half my agenda just to get back to a perceived better square one,” Kruse said.

“I’ve taken over and I’ve run businesses in the past. I’ve worked with and molded many people without similar ideologies as me into successful teams. If I felt, after all of my meetings these past three weeks, that would not be the case here, I would whole-heartedly push towards January 6 and terminate our county administrator.

“However, I believe I can achieve the actual results that I promised without this unnecessary disruption. And if 12 months from now the changes I promise you are not made for the benefit of Manatee County, then I will personally be the one to make the next motion for termination. But I’m hopeful that will not be the case,” Kruse said.

Commission abandons Coryea termination efforts
Cheri Coryea will continue serving as the county administrator. – Joe Hendricks | Sun

“I’m well aware of trading one opposing group for another, and I’m sure my Facebook is already starting to light up, but many of you who supported me and elected me did so because you trusted my judgment and my experience. If I can accomplish our overriding goals with our current administration, then I’ve kept my promise and I made Manatee County a better and more conservative place to live. All I ask is that you trust my judgment. That goes for the citizens of Manatee County and the members of this board. We would be better as a community with the full support, even if begrudgingly given, to allow this board and this administration the opportunity to achieve all that you elected us to do,” Kruse said.

“I’d like to formally make a motion to reconsider the Nov. 19 decision to start the termination process of County Administrator Cheri Coryea,” Kruse said when concluding his speech.

With no hesitation, Commissioner Reggie Bellamy seconded Kruse’s motion.

Commissioner’s comments

“I’m tongue-tied,” Commissioner Carol Whitmore said.

Commissioner Misty Servia then said, “I want to say to the new board: You guys have us on our toes because there is a surprise at every meeting.”

She then said, “Thank you, George. I think your motion today was a responsible one. I think that it was the right thing to do. I think that it was the most business-oriented decision to bring forward. I have been so concerned about what’s going to happen to our county government with the chaos that’s been created, and it was created unnecessarily because things were moving perfectly. I’ve never worked with a such an efficient county administrator.

“I thank you so much for listening and representing the entire county. It was very wise of you. You have helped this county to move forward in a positive direction. And I think what you’ve just done is brought this board together. We have to be together in unity to move forward and get the business of our county done. And for anyone who has a concern about anything our county administrator is doing in terms of management style, I am open to hearing that, and I am open to any changes that are meaningful and well described,” Servia said.

Speaking next, Van Ostenbridge said, “I thank Commissioner Kruse for the diligence he put into this and the seriousness with which everyone has taken this. I did run as an agent of change, but I did not run as an agent of chaos. If we don’t have the votes, we don’t have the votes. You’re going to win some and you’re going to lose some. If the board is not as conservative as I thought it was, then that’s OK. I don’t enjoy the turmoil that it’s created within the county. Whichever way the vote is going to go, I’d like to put the turmoil to an end so that we can move on.”

Commission abandons Coryea termination efforts
Commissioner Kevin Van Ostenbridge initiated the efforts to terminate Cheri Coryea. Joe Hendricks | Sun

Baugh said she seconded Van Ostenbridge’s Nov. 19 motion because she believed further discussion about the county administrator was needed.

“Misty, I appreciate your comments, but not everything in this county is run properly. There’s many changes we need to look at and I’m hoping with Cheri maybe we can do it. If not, then I will not be happy,” Baugh said.

“Does that mean make a major change? No, maybe it means that the county administrator is willing to change how things have been done here in the county. We’ll have to see,” she added.

Baugh addressed a rumor regarding the Nov. 10 farewell ceremony for departing commissioners Betsy Benac, Steve Jonsson and Priscilla Trace. The rumor alleged Baugh suggested to ceremony attendee and DeSoto County Economic Development Director Tara Poulton that there might soon be a job opening in the county administration.

“It is a silly rumor and whoever started that really should be ashamed, because it’s not true,” Baugh said.

When contacted Wednesday afternoon, Poulton was asked about Baugh’s alleged comments at the ceremony.

“It was such a casual conversation. She said something to the effect of, ‘You never know, we might have a position open.’ There was no mention of any specific position opening up,” Poulton said.

When asked if she’s had any contact with Baugh since then, Poulton said, “No, none whatsoever. And I have no intention of applying for the county administrator’s position if it opens up.”

During Thursday’s discussion, Satcher addressed speculation that there was a coordinated effort to terminate Coryea – speculation that prompted paralegal Michael Barfield to submit individual public records requests to Satcher, Baugh, Kruse, Van Ostenbridge and Jonsson.

“I pastored a church when I was 25 years old. When I was witness to someone, I’d tell them about the Lord and I’d invite them to church. They’d say I’m not into organized religion, and I’d say well this is the place for you because we ain’t organized around here. I think it’s kind of humorous that people might be accused of planning when I don’t know if anyone knows what’s coming,” Satcher said.

Commissioner Reggie Bellamy praised Kruse for his insight and willingness to listen to everybody.

“As commissioners, we all have that ability to set upon a county administrator our expectations as far as what we want and how we want our county to be ran,” Bellamy said.

He also said he’s concerned about public sparring that’s taken place and the negative impact that’s had on the community.

Commission abandons Coryea termination efforts
Misty Servia expressed praise for George Kruse and Cheri Coryea. – Joe Hendricks | Sun

Servia noted that when she was first elected in 2018, she wanted to conduct a national search for retiring County Administrator Ed Hunzeker.

“I did not support Cheri Coryea. I said we need to make sure we’re getting the best county administrator, instead of just promoting from within. What I have learned since that time is that Cheri Coryea is the best county administrator I’ve ever worked with. I’ve been in county government for 30 years. I have worked in county government for 18 and with county government in the private sector for 13, and I’ve never worked with anyone who is as effective and as hardworking as Cheri Coryea,” Servia said

At the end of the discussion, Kruse said, “I’m making a motion to reconsider the previously approved motion from Nov. 19.”

The commission unanimously approved Kruse’s motion.

Coryea did not attend the land use meeting. When contacted Thursday evening, she politely declined comment on the commission’s decision.

Barfield investigation

When contacted Thursday evening, Barfield was asked what impact the commission’s decision might have on his public records request and his investigation of the records produced.

“I’m going to take 24 hours at least and think about it. My records requests stand and I expect full compliance. I’m not willing to compromise on that,” Barfield said.

Related coverage

 

Notes and texts shed light on Coryea termination efforts

 

Call log reveals private conversations among county commissioners

 

Satcher named as defendant in public records action

 

Sunshine Law expert seeks records from county commissioners

 

Proposed Coryea termination prompts concerns, objections

 

Proposed Coryea termination prompts procedural concerns

Proposed Coryea termination prompts concerns, objections

Written by Joe Hendricks on . Posted in Community News, Manatee County.

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

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

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

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

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

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

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

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

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

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

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

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

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

League of Women Voters supports Coryea

Proposed Coryea termination prompts procedural concerns

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

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

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

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

 

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

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

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

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

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

County mask exemption formalized, lawsuit dropped

Church mask exemption formalized, lawsuit dropped

Written by Joe Hendricks on . Posted in Community News, Featured, Manatee County.

MANATEE COUNTY – Manatee County’s COVID-19 face-covering mandate has been formally amended to no longer apply to churches and other houses of worship, and a lawsuit challenging the mandate has been dropped.

On Aug. 25, the county commission unanimously supported exempting houses of worship from the original face-covering mandate enacted when commissioners adopted emergency resolution R-20-116 by a 4-3 vote on July 27.

The face-covering exemption took effect Aug. 25 but still had to be formalized by an amended county resolution. This occurred on Tuesday, Sept. 15, when Manatee County commissioners voted 6-1 in favor of adopting county resolution R-20-139.

Commissioner Misty Servia cast the only vote opposing the houses of worship exemption after Dr. Jennifer Bencie, Director of the Florida Department of Health in Manatee County, said there had recently been COVID-19 outbreaks at local churches.

“We have three churches that have individuals who are positive – and they’re not related, so there is an issue of concern there,” Bencie said by telephone.

“According to our epidemiologist who did the investigations, at three churches in the county in the last few weeks, there have been six, seven and eight cases in each of those churches. Some are family members and some are friends of those family members who only saw them at the church. So, for that reason, the epidemiologist believed the church is the common place where the virus was transmitted in these cases,” Bencie said.

Bencie did not name the churches.

“I knew about one, but I didn’t know about three churches,” Servia said.

County mask exemption formalized, lawsuit dropped
County Commissioner Misty Servia no longer supports the face-covering exemption for churches. – YouTube | Submitted

“I said at our last meeting, when the board voted to exempt houses of worship, I supported that motion with great trepidation – with the caveat that if we saw any outbreaks at houses of worship I would not continue to support it. So, I will not be supporting adoption of this resolution today,” Servia said.

“That’s concerning. I’m to continue to support this, but it gives me great pause that this continues to spread in churches,” Commission Chair Betsy Benac said. “I still believe that churches should mandate masks. We do know that masks help to slow the virus.”

Commissioner Carol Whitmore referenced the COVID-19 updates Bencie and Public Safety Director Jack Sauer provided earlier in the meeting when the commissioners were asked to extend the county’s local state of emergency for another seven days – an action that would also by default extend the county mask mandate.

Regarding the percentage of county residents who tested positive in recent weeks, Bencie said, “Over the last seven days the positive rate was 3.6%. The week prior it was 2.97%. We’re absolutely in the last three to four weeks seeing a change for the better and I believe it is because we are doing the preventative mitigative measures that are necessary, including masks and social distancing. Moving forward, I do believe it’s very important to keep the mask resolution in place.”

Regarding the houses of worship exemption, Whitmore said, “We have to start somewhere and I’m all about the information given to us today. Our numbers have been flat, the schools have opened. The churches don’t have to wear masks, but most responsible people in churches are still wearing them. I am right now going to support the resolution.”

Whitmore said she might reconsider her position if the overall percent positive rate that was slightly over 10% at that time climbs above 11% again.

The amended face-covering resolution states it is in the best interest of the county to amend the emergency resolution to exempt places of worship from the requirements for mandatory face coverings. The resolution still requires mandatory face coverings in business establishments as defined in the amended resolution.

“A ‘business establishment’ means a location with a roof overhead under which any business is conducted, goods are made or stored or processed or where services are rendered. The term ‘business establishment’ includes transportation network companies such as Uber and Lyft, vehicles operated for mass transit, taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles for hire,” the amended resolution says.

“The term ‘business establishment’ includes locations where non-profit, governmental, and quasi-governmental entities facilitate public interactions and conduct business. The term ‘business establishment’ does not include places of worship. This emergency resolution shall remain in full force and effect for so long as the local state of emergency for the COVID-19 pandemic remains in effect,” the resolution says.

County mask exemption formalized, lawsuit dropped
The Manatee County face-covering mandate remains in effect in Bradenton Beach. – Joe Hendricks | Sun

The county face-covering mandate remains in effect in unincorporated areas of Manatee County, including Cortez, and in cities that have not enacted their own local mask/face- covering mandates, including Bradenton Beach. The county face-covering mandate does not apply in Anna Maria, Holmes Beach or Bradenton because those cities previously adopted their own face-covering or face-covering signage mandates.

Lawsuit dropped

Regarding the exemption for churches, Chief Assistant County Attorney Bill Clague noted Pastor Joel Tillis has dropped the lawsuit he filed against the county on Aug. 2 while being represented by attorney Anthony Sabatini, who also serves as a member of the Florida House of Representatives.

Tillis is the senior pastor at the Suncoast Baptist Church in Palmetto and the lawsuit Sabatini filed on Tillis’ behalf claimed the county’s face-covering resolution was unconstitutional because it violated the privacy, due process and religious freedom clauses in the Florida Constitution. The Manatee County lawsuit was similar to other lawsuits Sabatini filed elsewhere in Florida.

County mask exemption formalized, lawsuit dropped
Pastor Joel Tillis and State Rep. Anthony Sabatini announced their lawsuit at an Aug. 3 press conference. – Joe Hendricks | Sun

The original Manatee County face-covering resolution was based on a similar emergency resolution adopted in Leon County – a resolution that had already withstood a legal challenge from Sabatini and others.

Palmer said Tillis’ voluntary dismissal means the county prevailed in the lawsuit and is entitled to pursue from Tillis an approximate $2,300 reimbursement for legal costs the county incurred for court reporter services. None of the commissioners desired reimbursement from Tillis or the church, but Benac expressed her distaste for a state legislator filing lawsuits against a county government.

Benac said she heard Sabatini had been admonished by a judge in another county. Clague clarified that Sabatini was cautioned, not admonished, by a circuit court judge in Gadsden County.

“He urged him (Sabatini) to reflect upon whether or not having filed multiple lawsuits of the same nature in multiple jurisdictions might give rise to the argument he filed frivolous cases. But he did not rule he had filed a frivolous lawsuit in this case,” Clague said.

“This attorney, Mr. Sabatini, is a member of the Legislature, but he is acting in his capacity as a lawyer. He’s not representing the Florida Legislature. I don’t want it to seem like they’re suing us. They are not, but a member of the Legislature is engaging in these lawsuits,” Clague said.

Additional actions

During last week’s meeting, the commission voted 4-3 to extend the county’s local state of emergency for another seven days. The 4-3 vote occurred because extending the state of emergency would also automatically extend the face-covering mandate that commissioners Vanessa Baugh, Steve Jonsson and Priscilla Trace still oppose.

County Attorney Mickey Palmer explained the relationship between the two actions: “If the emergency resolution goes away, then the mask resolution immediately evaporates as well. The opposite is not true, but the mask/covering resolution is completely dependent on the emergency resolution.”

County mask exemption formalized, lawsuit dropped
County Commissioner Vanessa Baugh’s motion to entirely repeal the mask mandate fell one vote short. – YouTube | Submitted

The commission voted 4-3 in opposition to Commissioner Vanessa Baugh’s motion to repeal the county face-covering mandate entirely. But the commission unanimously supported Baugh’s subsequent motion to no longer automatically extend the face-covering resolution when extending the local state of emergency. In the future, extending the local state of emergency that provides access to state and federal funding and extending the county face-covering mandate will be handled as two separate actions that require two separate votes.

Related coverage:

 

Churches excluded from county’s face-covering mandate

 

Pastor and state representative challenge county mask mandate

County commissioners to vote on mandatory face coverings Monday

County commissioners to vote on mandatory masks Monday

Written by Joe Hendricks on . Posted in Archives.

MANATEE COUNTY – Manatee County commissioners are expected to vote on whether to mandate face coverings countywide on Monday, July 27.

Monday’s meeting will take place at the Bradenton Area Convention Center in Palmetto at 1:30 p.m. The meeting will be streamed live and broadcast on Spectrum channel 644.

On Wednesday, July 22, county commissioners voted 4-3 to direct the county attorney’s office to draft, schedule and advertise the necessary resolutions and ordinances to put in place a mask mandate as soon as possible.

That motion was made by Commissioner Misty Servia and supported by commissioners Reggie Bellamy, Betsy Benac and Carol Whitmore. Commissioners Vanessa Baugh, Steve Jonsson and Priscilla Trace opposed Servia’s motion.

County commissioners to vote on mandatory face coverings Monday
A small group of protestors greeted county commissioners Wednesday morning. – Submitted

County face-covering resolution

On Friday, the proposed face-covering resolution, R-20-116, was posted on the county website.

If adopted by the commission majority on Monday, the face-covering resolution would serve as a short-term measure while the more formal and time-consuming ordinance adoption process is completed.

Legal notice of a prospective mask ordinance was scheduled to appear in a local daily newspaper on Sunday. As of Saturday, a public hearing for the adoption of a face-covering ordinance had not yet been scheduled.

Resolution R-20-116 notes, “It is in the best interest of the county, and furthers the public health, safety and welfare of the county, to require the wearing of face coverings and the displaying of signs in business establishments to reduce the spread of COVID-19.”

According to Section 3 of the proposed resolution, “An individual in a business establishment must wear a face covering while in that business establishment. The requirement in this section does not apply to:

  • “Situations in which individuals maintain 6 feet or more of distance between persons. This exception does not apply to employees who are present in the kitchen or other food and beverage preparation area of a business establishment. Nor does it apply to employees serving food or beverages.
  • A child under the age of 6.
  • Persons who have trouble breathing due to a chronic pre-existing condition or individuals with a documented or demonstrable medical problem. It is the intent of this exception that those individuals who cannot tolerate a facial covering for a medical, sensory or any other condition which makes it difficult for them to utilize a face covering and function in public are not required to wear one.
  • “Public safety, fire, and other life safety and health care personnel, as their personal protective equipment requirements will be governed by their respective agencies.
  • “Restaurant and bar patrons while eating or drinking. It is the intent of this exception that a face covering will be worn while traversing a business establishment for ingress and egress, to use the facilities, and while otherwise standing when persons are unable to maintain at least 6 feet of distancing.
  • “An individual in a lodging establishment who is inside of the lodging unit, including, but not limited to, a hotel room, motel room, vacation rental unit, timeshare unit, or similar unit.”

The resolution notes, “Every business establishment shall display conspicuous signage notifying all persons of the requirement to wear a face covering.”

Definitions

The resolution defines face coverings as “A material that covers the nose and mouth and that fits snugly against the sides of the face so there are no gaps. It can be made of a variety of materials, such as cotton, silk or linen. Coverings with materials made of multiple layers are highly encouraged. A cloth face covering may be factory-made or sewn by hand or the cloth face covering can be improvised from household items.”

The resolution states the term “business establishment” includes transportation companies such as Uber and Lyft and it also applies to mass transit, taxis, limousines, rental cars and other passenger vehicles for hire.

“The term ‘business establishment’ includes locations where non-profit, governmental and quasi-governmental entities facilitate public interactions and conduct business. The term ‘business establishment’ also includes places of worship,” the resolution says.

Enforcement and applicability

Section 4 of the county resolution says a violation of the emergency resolution is a noncriminal infraction and does not authorize the search or arrest of an individual. Prior to the issuance of a citation, the individual will be asked to comply with the emergency resolution or explain how an exception applies to them. The fine is $50 for a first offense, $125 for a second offense and $250 for every subsequent offense.

The ordinance would apply in cities within the county that do not have a mask ordinance, such as Bradenton Beach: “This emergency resolution shall apply countywide within both unincorporated and incorporated areas, provided that any municipal resolution or ordinance addressing the issue of face coverings – either more restrictively or less restrictively – shall supersede this emergency resolution within the applicable incorporated area,” the resolution states.

On Anna Maria Island, the cities of Anna Maria and Holmes Beach already have emergency mask ordinances in place. The city of Bradenton Beach recommends masks but does not have a formal mask/face covering resolution, order or ordinance in place.

“This emergency resolution shall take effect immediately upon its adoption. This emergency resolution shall remain in full force and effect for so long as the local state of emergency for the COVID-19 pandemic remains in effect,” the resolution states.

Commission discussion

The county commission’s 4-3 request for a mask resolution and ordinance occurred during the discussion of ongoing issues relative to the COVID-19 emergency as the final agenda item for the commission’s Wednesday, July 22 land use meeting.

Chief Assistant County Attorney Bill Clague told commissioners if they wished to pursue a countywide mask mandate, he recommended it be based on the Leon County emergency mask ordinance that recently withstood a court challenge.

Leon County includes Tallahassee, where the state capital is located.

“From a legal standpoint, the best way to do this is by ordinance. The Leon example was an ordinance. Ordinances have the force of law in a way that resolutions and orders often do not. It carries with it greater weight with the courts as a legal requirement that everyone has to follow. If you decide to do this, the best model to use is the Leon model,” Clague said.

Before making her motion for a mask mandate, Commissioner Servia referenced the COVID-19 update Manatee County Public Safety Director Jake Sauer had provided a few minutes earlier.

“We heard from Jake that deaths are up 15% in the last 30 days. We heard that hospitalizations are up 159 in the last 30 days. The daily positive rate is over 10%. Hospitals are at near capacity, or at capacity, and the outlook for those hospitals doesn’t look to be improving,” Servia said.

“Today, as we sit here and talk, my stepdad is at Manatee Memorial Hospital dying in the COVID unit,” Servia said.

“We on the board all have a friend who is on a ventilator and in critical condition because of COVID,” she added.

“I don’t like to wear a mask, but I do it to keep people safe, and I do it to try and keep our businesses open. I really worry about our businesses,” Servia said, expressing similar concerns about restaurants.

In response to a question and suggestion from Commissioner Bellamy, Clague said the commission could first adopt a mask resolution and later adopt a mask ordinance.

Commissioner Whitmore mentioned a letter the commissioners received from the Manatee County Medical Society which was signed by more than 100 local physicians seeking a countywide mask mandate.

In reference to an ordinance requiring 10 days’ notice, Whitmore said she just received a text from one doctor that said, “10 days is more deaths.”

Commissioner Trace suggested Sheriff Rick Wells attend Monday’s meeting and provide his input. When a mask mandate was previously discussed in late June, it was noted Wells opposed a mask mandate and did not think it was enforceable.

“We need to recognize it’s up to law enforcement how aggressively they want to enforce something like this. Typically they build in some time for people to come into compliance,” Clague noted.

Commissioner Steve Jonsson was the only commissioner who participated in Wednesday’s meeting remotely rather than in person.

County commissioners to vote on mandatory face coverings Monday
Chief Assistant County Attorney Bill Clague provided his legal insight on the commission’s pursuit of a mask mandate. – Joe Hendricks | Sun

“The businesses have to help us, and I think it’s their responsibility as private entrepreneurs. I don’t think it’s the government’s responsibility to dictate what we should be doing to prevent people from doing stupid things. I don’t personally believe that a face mask is 100% protective. You’ve got to do a lot more than just a face mask,” Jonsson said.

In response, Commissioner Benac said, “Steve, everything you’re saying about personal decisions makes so much sense, but we have to deal in reality. I think we have to take leadership. Why? Because I’ve heard from my constituency. The vast majority of people want us to do something. I don’t think anything the government is going to do is going to propel people who think it’s their right to not wear a mask to wear a mask. But I think the government is supposed to provide leadership. That is our job.”

During Wednesday’s meeting, several people spoke in favor of and in opposition to a countywide mask mandate.

Public support

David Klement, a 45-year county resident, spoke first.

“To Commissioner Jonsson, who said it’s not our role to prevent people from doing stupid things, I would say it is exactly your role. Preventing stupid people from doing stupid things saves my life. Why do you have a speed ordinance in a school zone? Why do we have a seat belt law? People of my generation are 80% more likely to have complications and die from one exposure. That is why we need an ordinance,” he said.

Bradenton resident and retired nurse Linda Crepeau said she was recently afraid to enter a local UPS store to return a package because there were six people, including the clerk, inside that limited space who were not wearing masks.

“I could not go safely into the store. There was no way for me to socially distance. I’m depending upon our government to stand up and require mandatory masks for all businesses in Manatee County,” Crepeau said.

Recently retired school nurse Mary Ann Jensen said, “On Saturday and Sunday when we’re all at home, your health care professionals will be in the hospitals watching people die, many of them alone. And all they’re asking for is your support. Please give us an ordinance because it does help.”

Impact on elections

Manatee County Supervisor of Elections Mike Bennett pleaded with the commission to enact a mask mandate before the county election in August – to be followed by the general election in November.

County commissioners to vote on mandatory face coverings Monday
Manatee County Supervisor of Elections Mike Bennett said he needs a countywide mask mandate before the August elections. – Joe Hendricks | Sun

“I cannot stop somebody from coming into my office and saying, ‘No, I’m coming in without a mask.’ What am I going to do? Am I going to suppress the vote? I’m not. I’m going to say the Manatee County commissioners decided they were going to suppress the vote because they weren’t going to pass an ordinance that would allow me to keep my people safe,” Bennett said.

Bennett said he’s already reduced the number of voting precincts for the August elections from 70 to 60 and he’s prepared to go to 55 if needed.

“We’re having such a hard time getting clerks and poll workers for the elections. Yesterday, I closed the precinct at Freedom Village – all senior citizens, the smallest one we’ve got – because I don’t have a clerk. I need your help. I need that ordinance,” Bennett said.

He cautioned that the absence of a mask mandate could lead to the lowest voter turnout Manatee County has ever experienced.

“I have lost close to 50% of the clerks for the elections in Manatee County who are refusing to come because Manatee County doesn’t have an ordinance to make it safe for them. If you want a good election, let’s not suppress the vote. Give me all the help I need,” Bennett said.

Public opposition

When expressing her opposition to a mask mandate, Bradenton resident Andra Griffin questioned why all 403,553 residents of Manatee County – according to the 2019 census – would be forced to adhere to mask guidelines when less than 2% percent of the county’s population has tested positive for COVID-19.

County commissioners to vote on mandatory face coverings Monday
Bradenton resident Andra Griffin opposes a countywide mask mandate. – Joe Hendricks | Sun

Griffin also referenced a warning label that appears on a box of disposable face masks and said, “It clearly states these masks do not prevent COVID-19.”

Mixon Fruit Farms owner Janet Mixon said she and her staff use UV wands to sanitize the fruit farm’s indoor public spaces, but masks are not required.

“We don’t make it mandatory. Some of our people wear masks. Some of the people coming in wear masks. At some point, we all have to make our own decision. We have to decide what keeps us safe,” Mixon said, noting that wearing a mask for a long time gives her a headache.

“Let us make our own decisions. If you start doing stuff like this, we just don’t know when it’s going to end,” she added.

County Commission candidate James Satcher said, “This is a solution looking for a problem. The free market and businesses are already making their rules. I may not like their rule, but I don’t argue that they have the right and the ability to do that. I can take my business elsewhere. Government’s different. We have a responsibility to uphold personal freedoms and the Constitution and that’s why we should not pass this ordinance.”

Additional commission comments

After public comment, Servia said, “Masks are not the silver bullet. Please don’t think that I think that those masks are going to make this virus go away. It’s not. We need to socially distance, we need to hand wash, we need to avoid large crowds. It is another tool, a simple thing that’s going to help keep this community safe.”

County commissioners to vote on mandatory face coverings Monday
Commissioner Vanessa Baugh recommends mask wearing but does not feel the county commission should make it mandatory. – Joe Hendricks | Sun

Commissioner Baugh said, “I don’t think that’s what we need to be doing as a government entity. America is a free country. We have the right to make our own decisions and to stand by them. We have personal responsibility that does comes into play. I wear a mask. My husband wears a mask. I recommend it highly – and I think the key word is ‘recommend.’ ”

County commission has no plans to make masks mandatory

County commission has no plans to make masks mandatory

Written by Joe Hendricks on . Posted in Community News, Manatee County.

MANATEE COUNTY – This afternoon, Manatee County commissioners informally discussed face masks as they pertain to the COVID-19 pandemic, but no commissioner proposed making masks mandatory or pursuing a county ordinance that would enact such a law.

“I wish every person would have a sense of personal responsibility that they could cause the death of somebody by bringing this home. Do I think it’s right to have an ordinance that mandates you wear a mask? No, because I don’t think it will do any good. As your chair of the Manatee County Board of Commissioners, I think you should wear a mask when you’re out in public,” Commission Chair Betsy Benac said.

Commissioner Misty Servia proposed the commission collectively issue and continue to issue a public health alert using the reverse 911 system and various other communication platforms at the county’s disposal.

When reading aloud her proposed public health alert, Servia said, “COVID-19 is a highly contagious virus and currently a worldwide pandemic with no cure. The current death rate of positive cases in Manatee County is 10%. Manatee County urges all businesses to require patrons and staff, as well as our citizens, to take these smart steps to keep yourself, your family and our community safe:

  • Frequently wash your hands;
  • Don’t touch your face;
  • Maintain a 6-foot social distance from others;
  • Wear a mask when inside buildings and public transit;
  • Avoid large crowds as much as possible:
  • Our vulnerable populations should remain safer at home much as possible.”

Servia’s motion received some initial support but eventually died without a second from another commissioner.

Benac noted business owners have the right to require employees and patrons to wear masks, but that remains a decision each business owner must make.

Public Safety Director Jake Sauer said Florida Surgeon General Scott Rivkees recently issued a statement similar to Servia’s proposed health alert.

https://amisun.com/2020/06/22/state-health-officer-wear-your-mask/

Servia said she was OK if the commission wanted to issue Rivkees’ message instead of the public health alert she drafted.

Commissioner Priscilla Trace made a motion directing Sauer and County Administrator Cheri Coryea to come up with some form of public health statement to be presented to the commission no later than the conclusion of the commission’s land use meeting on Wednesday, June 24.

The commission voted 5-2 in favor of Trace’s motion. Commissioner Carol Whitmore and Steve Jonsson opposed the motion.

Whitmore said she wanted more time to consider what was being proposed. Jonsson did not explain his vote, but during the discussion, he expressed his opposition to mandatory masks. He questioned how a mandatory mask requirement could be enforced and he stressed the importance of each individual taking personal responsibility for protecting themselves and their loved ones.

During the meeting, Sauer told commissioners positive COVID-19 cases and the percentage of positive tests continue to rise in Manatee County. He said those numbers rose significantly in the past week or so and are not attributed to increased testing.

Eight people have tested positive for COVID-19 in Bradenton Beach and Holmes Beach, while no cases have been reported in Anna Maria, according to the Florida Department of Health. As of this morning, Florida had 111,973 reported cases with 3,333 deaths. Manatee County had 2,135 reported cases with 129 deaths.

“This indicates we have sustained community spread within our younger age groups,” Sauer told the commission.

County officials trying to address testing shortages

County officials trying to address testing shortages

Written by Joe Hendricks on . Posted in Community News, Featured, Health.

MANATEE COUNTY – County officials and the Manatee County Health Department are trying to address a critical shortage of (COVID-19) specimen collection kits.

On Tuesday, Manatee County Commissioners authorized County Administrator Cheri Coryea to spend up to $100,000 to purchase up to 1,200 COVID-19 test kits and the personal protective equipment needed to administer those tests.

Using $100,000 of the county’s $6.5 million emergency disaster fund, Manatee County is now trying to directly purchase coronavirus test kits without going through the state government.

Public Safety Director Jake Saur said the county had already submitted a request to the state for 600 testing kits, in addition to the 1,200 test kits Coryea is now authorized to purchase.

While Tuesday’s meeting was in progress, Commissioner Carol Whitmore reached out to Florida Sen. Bill Galvano.

“I texted Bill Galvano while we were sitting here and told him that we can’t get testing kits. He told me he was on it. He called with the EOC Director (Florida Division of Emergency Management Director Jared Moskowitz) on conference call and asked what we were missing. I told him we needed collection kits. He said the collection kits are on their way,” Whitmore said while participating in the virtual meeting from her home.

Commission Chair Betsy Benac said she recently emailed Galvano as well.

“Great job Carol. That’s great news,” Commissioner Misty Servia said.

Later in the meeting it was learned that 300 test kits would be coming from the state that day and they would likely be used for a second round of drive-thru testing at the Bradenton Area Convention Center in Palmetto.

“Our goal today is to get to the state level of 1% tested over the next seven days. Another 1,200 tests will get us to that goal and continue to raise that percentage locally,” Coryea said.

Benac said she was concerned that Manatee County has the fourth-highest mortality rate in Florida.

“We know local numbers are going to keep going up. People have got to respect the fact that we cannot be together. We cannot congregate yet. The advice is clear. We need to do more testing,” she said.

Saur said COVID-19 cases and deaths are flattening statewide but still trending upward in Manatee County.

“The state of Florida currently has 823 fatalities and of those, 33 have been within Manatee County. This compares to 686 for all of Florida and 20 for Manatee on Friday afternoon, which results in an increase of fatalities of 65% for Manatee County since Friday,” Saur said.

Saur said Manatee County had 312 positive reported COVID-19 cases on Friday afternoon and 431 positive cases as of Monday evening, which he noted was a 38% percent increase during that short span.

Mixed messaging

Servia asked Saur about the messaging coming from the federal government.

“I watch the President’s press conference every single night and last night I heard Vice President Pence say we have enough tests, the state governors have plenty of tests and we can begin phase one reopening the country. I’m confused. Why are we hearing that message? I talked to Kevin DiLallo this morning, from Manatee Memorial Hospital. I said do you have enough tests? He said absolutely not, we are so short on tests. He said the labs are also very short on tests. They cannot properly test people, including the frontline people. I’m just trying to understand why there are two different messages,” Servia said.

In response, Saur said, “We placed an order today for 600 testing kits within the state, but the overall message from the state Emergency Management Office is there’s no tests. I can’t speak for the federal government at all. I can only speak for our dealings within the state government, and no, we are not getting ample tests.”

Testing shortages

Saur said about 1% of Florida’s population has been tested and approximately one-sixth of 1% (.006%) of Manatee County’s population has been tested.

During Friday’s emergency county commission meeting, Saur was asked about reaching a 10% testing threshold in Manatee County.

“I can tell you 10% for our county would be about 46,000 tests. That is not going to be possible prior to beginning to open up and getting back to work,” Saur said.

Servia asked Saur why Manatee County has had so many fewer tests than Sarasota County.

“We know the state of Florida has run out of tests. Since we last saw our 200 tests we used for our drive-thru (testing) the State of Florida has sent us more tests. However, we were told we could not use them and all of the information on all those tests were in Chinese,” Saur said.

Saur said the tests marked with Chinese language were not FDA-approved.

On Friday, Saur said MCR Health in Manatee County has purchased its own tests and is providing COVID-19 testing for those who meet the testing criteria. He said those with a prescription from their personal health care provider and those without a prescription can be tested at an MCR Health facility.

“MCR has plenty of tests,” Saur said.

On Tuesday, Coryea said it costs $107 to get tested at a local MCR Health facility and part of that amount covers the lab fees. She said there is a co-pay for those with health insurance and a sliding cost scale for those without insurance. It was also noted that it costs between $50-$60 to purchase each test.

Saur said tests conducted with test kits received from the state must be done at no cost to the person being tested – including those conducted at the county’s drive-through testing facility.

Dr. Jennifer Bencie, of the Manatee County Health Department, said the health department returned to the state the 150 unusable test kits marked with Chinese language.

Manatee County curfew lifted

Manatee County curfew lifted today

Written by Joe Hendricks on . Posted in Community News, Manatee County.

MANATEE COUNTY – This morning, Manatee County Commissioners voted 4-3 to lift the county curfew enacted on April 3 and extended on April 10 and April 17.

The curfew has been in effect from 11 p.m. to 5 a.m. daily. Travel during that overnight timeframe was supposed to be restricted to the essential businesses, services or activities set forth in Gov. Ron DeSantis’ Executive Order 20-91, which some public officials refer to as a “stay-at-home” order. That order is currently scheduled to expire on Thursday, April 30 unless it is lifted early or extended.

During today’s meeting, Commissioner Priscilla Trace made the motion to lift the controversial and much-debated curfew. Commissioners Vanessa Baugh and Steve Jonsson supported Trace’s motion to end the curfew. Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed the motion. Voting last, Commission Chair Betsy Benac cast the deciding vote to lift the curfew.

In doing so, it was noted that Manatee County is among the highest in Florida in terms of COVID-19 cases and the county has not yet hit its anticipated peak, which is now expected during the week of May 3.

“We’re removing the curfew, but I would like to focus on the sense of responsibility individually in making sure that you’re protecting yourself, making sure you’re protecting your loved ones and be mindful of social distancing,” Bellamy said.

He then said lifting the curfew does not mean it’s “time to party” or time to start engaging in late-night activities.

“COVID-19 is out in front of us. We have a lot of unanswered questions and the best that you can do is mask up and emphasize social distancing,” Bellamy said.

“I agree 100%,” Benac said. “This was not a message to anyone to let up on the gas, to let down your guard. The fact of the matter is we haven’t hit our peak. We need to continue to try to slow the spread so we don’t have a long plateau because that would be very bad for our community.”

It was noted that Gov. Ron DeSantis’ essential services (“stay-at-home”) order remains in effect until Thursday, April 30 unless he lifts it or extends it.

The countywide state of local emergency remains in effect. So does the countywide burn ban, which allows residents to have fires in their home fire pits.

Test kits expected today

During today’s meeting, the commission authorized County Administrator Cheri Coryea to spend up to $100,000 to purchase COVID-19 test kits and the Personal Protective Equipment needed to administer the testing. The money will come from the county’s $6.5 million emergency disaster fund.

Trace noted each test kit currently costs $61 per test to purchase and she anticipates that cost to continue increasing.

The county requested 300 tests from the state and during the meeting Public Safety Director Jake Saur was informed that the Manatee County Health Department would be receiving those 300 tests later today.

Saur said those tests would likely be used for a second round of drive-thru testing at the Bradenton Area Convention Center in Palmetto.

Commissioner Vanessa Baugh asked about the cost to get tested.

Saur said any tests conducted with test kits received from the state must be done at no cost to the person being tested.

Coryea said it costs $107 to get tested at a local MCR Health facility. She said there is a co-pay for those with health insurance and a sliding cost scale for those without insurance.

The commission will meet again at 2 p.m. on Tuesday, April 28 to discuss any new developments or actions required as the county response to the pandemic continues.

Manatee County COVID-19 cases

According to the Florida Department of Health’s COVID-19 Data and Surveillance Dashboard, Manatee County has thus far had a total of 435 reported COVID-19 cases, 84 hospitalizations and 34 reported COVID-19-related deaths as of early this afternoon.

As of this afternoon, Manatee County has the 10th-highest number of reported cases in Florida, and 318 of those COVID-19 cases are in Bradenton.

Also as of this afternoon, there are 128 reported COVID-19 cases and 14 deaths among residents or staff members at long-term care facilities in Manatee County, which is the fourth-highest in Florida in those two categories.

Florida has 27,495 reported positive cases and 839 reported COVID-19 deaths.

Anna Maria Island cases

As of today, there were no reported COVID-19 cases in the city of Anna Maria.

According to FDOH’s afternoon daily data report, there are still only two reported cases of on Anna Maria Island – one past case in Bradenton Beach and one past case in Holmes Beach.

The Holmes Beach positive case was reported by the Florida Department of Health on April 2. FDOH reports do not include the names of those who test positive or negative for COVID-19.

According to an April 2 story in the Grand Haven (Michigan) Tribune, Megan Sheehan told the publication that her 68-year-old father, Bradenton Beach resident Tom Sheehan, died on March 29 while being treated for COVID-19.

The Grand Haven Tribune story notes Sheehan suffered from asthma, COPD and diabetes and went on a cruise even though family members warned him not to because of the unfolding coronavirus crisis.

Zip code hot zone

On Friday, Manatee County Public Safety Director Jake Saur said the 34208 zip code in Manatee County had the highest number of reported cases per zip code in the Tampa Bay region.

As of Tuesday afternoon, the 34208 zip code had 140 reported COVID-19 cases. That zip code encompasses portions of Bradenton, Ellenton, Samoset, south Bradenton and west Samoset.

Complete and regularly updated county-by-county and zip code specific COVID-19 data can be found at the FDOH COVID-19 Dashboard.

County curfew extended, concerns raised about testing and nursing homes

Written by Joe Hendricks on . Posted in Community News, Manatee County.

BRADENTON – Manatee County Commissioners have extended the countywide curfew until Tuesday, but they have even larger concerns about the lack of coronavirus (COVID-19) testing kits and the high number of nursing home residents and employees who’ve already tested positive.

And according to Commissioner Carol Whitmore, former commissioner Gwendolyn Brown has died as a result of contracting COVID-19. Brown was Manatee County’s first African-American county commissioner and the county’s first African-American commission chairperson.

Curfew extended

During Friday afternoon’s emergency county commission meeting, Manatee County Public Safety Director Jake Saur presented his request to extend the curfew for another seven days.

“Manatee County has not yet achieved a flatting of the curve. Our response to COVID-19 is going to continue for some time. Therefore, sustained efforts to promote social distancing that slow the spread or flatten the curve remain more crucial than ever. Over the next few weeks, while our health and medical community remain on the front lines and under a great deal of stress, we need to be doing all that we can to build and maintain resiliency in ourselves and in our community,” Saur told the commission.

Saur said COVID-19 cases in Manatee County are now predicted to peak during the week of May 3. The previous anticipated peak was on or around April 21.

The commission voted 4-3 to extend the curfew until Tuesday, April 21, when it will be discussed again during the regular county commission meeting which starts at 9 a.m.

When making her motion to extend the curfew until Tuesday April 21, Commissioner Priscilla Trace said it was possible that Gov. Ron DeSantis might make an announcement on Monday that impacts the county curfew.

For now, the countywide curfew remains in effect from 11 p.m. to 5 a.m. daily. Travel during that overnight timeframe is restricted to those engaged in essential businesses, services or activities set forth in Gov. Ron DeSantis’ Executive Order 20-91, which some refer to as a ‘stay-at-home’ order.

Testing concerns

Commissioner Misty Servia asked Saur why Manatee County has had so many fewer tests than Sarasota County.

According to Saur, the Manatee County Health Department has run out of specimen collection kits and is waiting for more.

“We know the state of Florida has run out of tests. Since we last saw our 200 tests we used for our drive-through (testing) the State of Florida has sent us more tests. However, we were told we could not use them and all of the information on all those tests were in Chinese,” Saur said.

The tests marked with Chinese language are not FDA approved.

“As of today, they’re going to start replacing those with valid FDA-approved tests. When those come in, we will definitely start using those to start testing the public,” Saur said.

County curfew extended, concerns raised about testing and nursing homes
Manatee County commissioners are dealing with numerous coronavirus-related concerns. – Manatee County Submitted

Saur said MCR Health in Manatee County has purchased its own tests and is providing COVID-19 testing for those who meet the testing and symptomatic criteria. Saur said those with a prescription from their personal health care provider can be tested at a MCR Health facility. He also said those without a prescription can be tested at a MCR Health facility if they meet the testing criteria.

“MCR has plenty of tests,” Saur said.

Saur said Manatee Memorial Hospital has purchased tests and he thinks Blake Medical Center has too.

Commissioner Vanessa Baugh asked Baugh if COVID-19 testing was free nationwide. Saur said he’s aware of medical facilities in Manatee County charging for coronavirus tests.

Dr. Jennifer McCullen is an obstetrician in Lakewood Ranch. She is also the president-elect of the Manatee County Medical Society. During public comment, she expressed support for extending the curfew. She also addressed the cost of purchasing COVID-19 tests.

“They are $60 per test and you’re not getting them for free,” McCullen said.

County Administrator Cheri Coryea said there would be a meeting on Monday at which she, Saur, local health care professionals and Manatee County Health Department officials would discuss purchasing test kits directly, without going through the state.

Coryea said she has asked the discussion group to provide a number as to how many tests are needed and how many tests can be appropriately administered in Manatee County.

Commissioner Reggie Bellamy asked about the county’s available financial resources.

“It is a funding issue from the standpoint of the costs of tests, but it’s also an access issue of finding tests that are the appropriate tests. At this point we’re not as concerned about the financial implications,” Coryea said.

Coryea said said she’s spoken to other organizations and individuals in the community who’ve offered to assist in the efforts to purchase tests directly.

“I don’t feel it’s a funding issue, it’s getting the right information so the right tests are here and carried out properly,” Coryea said.

Coryea said she would provide the commissioners with more details on Tuesday.

Nursing home concerns

Saur addressed the need to test nursing home residents and employees.

“Our number one testing concern right now is with our nursing homes. The state has brought in incident management teams to our nursing homes and they’ve started a very big push to get all of those patients and workers tested,” he said.

“As of this week, our health department has started issuing involuntary quarantines to some of those nursing home workers because we know they’re spreading COVID-19. The state is reserving those tests for the nursing homes. We have to get into those nursing homes to make sure they’re following all the proper procedures and that they’re also being tested,” Saur said.

“We have two long-term care facilities that have tested employees and residents. And of those two sites, we’ve had over 100 positives in those two long-term care facilities,” Saur said.

COVID-19 claims former commissioner

During Friday’s meeting, Whitmore announced Brown’s passing.

“I have some very bad news. Commissioner Gwen Brown died at 2:49 from this terrible disease. She was at home. She wasn’t in a nursing home. She wasn’t able to drive, so somebody brought it (the virus) to her. Her family asked me to publicly announce this and to please pray for her. So, for those of you who say you don’t know anybody and can’t put a name to this, Commissioner Gwen Brown rest in peace,” Whitmore said.

County curfew extended, concerns raised about testing and nursing homes
Former County Commissioner Gwendolyn Brown has passed away. – Manatee County | Submitted

Beaches still ‘closed’

During public comment, Bradenton resident Michelle Pinel addressed the beach closures on Anna Maria Island. She questioned the fairness of Island residents and vacation rentals guests being allowed to access the Island beach areas that remain difficult for other county residents to utilize due to the temporary elimination of public parking spaces.

County curfew extended, concerns raised about testing and nursing homes
Bradenton resident Michelle Pinel wants the county beaches reopened. – Joe Hendricks | Sun

“The beach is closed down, but it is only closed down to the average Manatee County citizen. There are people illegally checking into vacation rentals and the citizens (of the Island) are allowed to use the beach, but we are not. I think that is unfair,” Pinel said.

Manatee County Commission enacts countywide curfew

Manatee County Commission enacts countywide curfew

Written by Joe Hendricks on . Posted in Community News, Featured, Health, Manatee County.

MANATEE COUNTY – On Friday afternoon, Manatee County commissioners voted to enact a temporary countywide curfew that took effect at 11 p.m. Friday night and remains in effect until further notice.

The countywide curfew prohibits non-essential travel – travel that is not for food, medicine, essential supplies or employment – between 11 p.m. and 5 a.m. seven days a week.

The commission majority approved the curfew as an additional measure to prevent the spread of the coronavirus (COVID-19).

Commissioners Betsy Benac, Reggie Bellamy, Misty Servia, Priscilla Trace and Carol Whitmore supported the curfew.

Commissioners Vanessa Baugh and Steve Jonsson and opposed the curfew. Baugh and Jonsson said they did not think the curfew was necessary. They felt Gov. Ron DeSantis’ Executive Order 20-91 – which took effect Friday morning and pertained to essential and non-essential businesses and services – provided law enforcement with all the enforcement powers they needed.

Manatee County Sheriff Rick Wells and Manatee County Public Safety Director Jake Saur requested the curfew. Mayors and local law enforcement agencies throughout Manatee County also requested the curfew during a previous emergency operations policy group meeting.

What it means

The curfew prohibits non-essential travel – travel that is not for food, medicine, essential supplies and employment – between 11 p.m. and 5 a.m. seven days a week.

The curfew was enacted by the commission majority’s adoption of Manatee County Resolution R-20-053.

According to the resolution, “A curfew is hereby established, effective immediately, for all of Manatee County. All pedestrian and vehicular movement, standing and parking, except for:

(a) persons commuting to and from places of employment;

(b) the provision of fire, police, emergency and hospital services;

(c) the transport of medical patients;

(d) utility work;

(e) state and local government employees and officials providing services;

(f) emergency calls by physicians;

(g) food delivery services;

(h) and walking of domestic animals are allowed during curfew hours.”

According to the county resolution, “Social gatherings of 10 or more people that do not constitute essential services or essential activities as those terms are defined in the Governor’s Executive Order 20-91 are prohibited.”

According to the county resolution, “The prohibitions set forth herein shall embrace all publicly owned property, all public spaces and all privately owned property (excepting the interior space of residences) within Manatee County, including all municipalities within the county, excepting the Town of Longboat Key.

According to the resolution, “The restrictions set forth herein shall remain in place until such time as terminated by the Board of County Commissioners or seven days from the effective date of this resolution, whichever is sooner.

“Notwithstanding, the foregoing, the chairperson (or in her absence, any vice-chairperson) of the Board of County Commissioners, after consultation with the Director of Public Safety (or in his absence, the Emergency Management Officer) is empowered to extend the period of the prohibitions declared herein, in seven-day increments, by memorandum,” the resolution says.

Manatee County Commission enacts countywide curfew
County Commission Chairperson Betsy Benac led the discussion and decision making on the proposed curfew. – Joe Hendricks | Sun

“Any person violating any provision of this Emergency Resolution is guilty of a misdemeanor of the second degree, punishable as provided in Section 252.50, Florida Statutes,” according to the resolution.

Enforcement powers

Late Friday afternoon, Manatee County issued a press release pertaining to curfew.

“Under the supplemental local emergency resolution, Manatee Sheriff’s Office and municipal police department officers now have the ability to issue citations to anyone not in compliance with the Governor’s Executive Order 20-91 & 20-92,” according to the press release.

“Law enforcement will now also have the ability to cite outside group gatherings on private property. Under Florida Statute 252.50, those who violate the State Emergency Management Act are guilty of a second-degree misdemeanor and can be served a notice to appear order,” according to the press release.

During Friday’s meeting, Wells and Saur told the commission the curfew would protect law enforcement officers and first responders who face a critical stretch in April as COVID-19 cases are expected to climb steadily in Manatee County and throughout the state of Florida.

The press release notes the curfew also gives law enforcement agencies the ability to enforce group gathering restrictions on private property, in conjunction with Governor DeSantis’ Executive Order 20-91 & Executive Order 20-92.

Curfew request explained

“We’re at a pivotal point to make a difference and to flatten the curve,” Saur said. “I do believe with a curfew, the public should know they shouldn’t be out on the roadways. The curfew is a time when you should be at home.”

Saur said several EMS staff have already needed to be quarantined because of accidental exposure to COVID-19. He voiced concern that as the virus continues to spread, law enforcement officers and other first responders will become depleted by sickness or quarantine. For that reason, he said additional local restrictions are needed now.

“We are receiving an average of 100 COVID-19 calls a day. Each coronavirus call takes two hours to complete. At night and on weekends, other medical emergencies still occur, like trauma, people having accidents. That still occurs every day and every night,” Saur told the commission.

The county’s press release notes the commissioners were leery of infringing on personal freedoms, but ultimately voted 5-2 to approve the resolution in an effort to prevent the spread of the coronavirus and to protect first responders.

“I want to make sure everyone’s civil liberties are protected but we could argue that COVID-19 has already led to some restraints on our civil liberties when you think about the travel ban and the quarantine,” Commissioner Misty Servia said.

“The public should realize we take this very seriously but we’re doing the best we can in extremely bad times,” Commissioner Priscilla Trace said.

“Before today’s action, local COVID-19 restrictions were only enforceable on public property such as public beaches and public boat ramps. County and city officials say the public has largely heeded those restrictions, but group gatherings at private residences – such as vacation rental homes, recreation centers and event halls – continue to pose a public health risk,” the press release said.

State-mandated boat ramp and marina restrictions

During Friday’s meeting, Assistant County Attorney Bill Clague also addressed the impact DeSantis’ essential services order, Executive Order 20-91, now has on Florida’s boat ramps and marinas.

Manatee County Commission enacts countywide curfew
Assistant County Attorney Bill Clague explained the impact Governor Ron DeSantis’ essential businesses and services order has on boat ramps and marinas. – Joe Hendricks | Sun

“It’s very difficult to understand how it works because the governor’s order is challenging. There’s Miami-Dade (County) orders attached to it and those orders reference other orders that are not attached to it. Right now, the governor’s order does require privately run boat ramps and marinas to be closed, with the exception for commercially licensed saltwater fishermen. That wasn’t the case until this order was issued, but now they are closed, along with the public boat ramps. It’s very hard to find, you have to dig for it to understand what’s going on,” Clague told the commission.

The governor’s executive order does not prohibit boating or fishing, nor does the county curfew.

City Administrator Cheri Coryea said the two county-owned golf courses would remain open and private golf courses can also remain open. But it was noted that golf course clubhouses and country clubs are not allowed to sell alcohol for consumption on-premises and their restaurants and kitchens are limited to takeout and delivery food service only, as our all Florida restaurants at this time.

Friday’s county commission meeting can be viewed on demand on the county’s YouTube channel.

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Commission pledges $5 million in tourist funds to Mote

Written by Cindy Lane on . Posted in Business, Tourism.

BRADENTON – Manatee County commissioners have committed $5 million in Manatee County tourist tax funds to Mote Marine Laboratory in Sarasota County for marketing over the next five years.

Mote, which operates marine mammal and sea turtle rehabilitation facilities, an aquaculture facility, and conducts research into coral bleaching, red tide and other marine issues, previously requested $15 million to help build its planned Science Education Aquarium (SEA) at Nathan Benderson Park. However, Manatee County Attorney William Clague told commissioners at the time that Manatee County tourist tax proceeds can’t be used for construction projects outside the county, and commissioners declined the request, deciding to look for other ways to assist the organization.

The Manatee County Tourist Development Council (TDC) decided last month to recommend that county commissioners approve a reduced commitment of $1.25 million over 25 years, or $50,000 a year.

But county commissioners decided on Tuesday, Feb. 25 to raise that amount to $5 million, or $1 million a year for five years, earmarking the funds for marketing, not construction.

“I believe that right now we have an opportunity that we have not seen before and I’m not sure we’re going to see it again,” said County Commissioner and newly-appointed TDC Chair Misty Servia, who explained that she supports Mote as a means to improve water quality.

Reduced water quality could lead to reduced tourism, while improved water quality will support ecotourism, she said.

Commission Chair Betsy Benac agreed with Servia that supporting Mote is an “incredible opportunity.”

The board vote was unanimous in favor of the expenditure.

 

https://amisun.com/2020/02/03/tourist-tax-collections-2019/

 

County commission eliminates Aqua by the Bay stipulation

Commission eliminates Aqua by the Bay stipulation

Written by Joe Hendricks on . Posted in Community News, Manatee County.

BRADENTON – Manatee County commissioners have deleted a 2017 development stipulation that gave the commission and the public the ability to review the Aqua by the Bay development plans after the first 750 residential units are built.

During the county commission’s Thursday, Feb. 6 land use meeting, commissioners voted 6-1 in favor of granting a request from developer Carlos Beruff and county staff to delete Stipulation A.17 from the stipulations included in the General Development Plan unanimously approved by county commissioners on Oct. 3, 2017.

No longer in effect, the stipulation said, “Subsequent residential dwelling units, upon completion of the first 750 residential dwelling units, shall require further approval by the Board of County Commissioners at a public hearing prior to, or as part of, preliminary site plan approval, in increments of 750 units or more.”

Commissioner Steve Jonsson made the motion to delete the stipulation and commissioners Vanessa Baugh, Reggie Bellamy, Betsy Benac, Misty Servia and Priscilla Trace supported his motion.

County commission eliminates Aqua by the Bay stipulation
County Commissioner Steve Jonsson made the motion to delete Stipulation A.17. – Joe Hendricks | Sun

Commissioner Carol Whitmore cast the only opposition vote after asking the commission to continue the public hearing to a later date to amend and clarify the stipulation rather than delete it.

Formerly known as Long Bar Pointe, Aqua by the Bay is now being developed on a 529-acre property between El Conquistador Parkway and Sarasota Bay in unincorporated Manatee County.

Commission eliminates Aqua by the Bay stipulation

Developer’s request

Attorney Ed Vogler represented Beruff and Aqua by the Bay at Thursday’s hearing. He noted the general development plan was unanimously approved by county commissioners in 2017 and later withstood a legal challenge from project opponents.

The 2017 approvals allow 2,894 residential units, including up to 16 high-rise condominium buildings between 76 and 95 feet tall. The approvals also allow 78,000 square feet of commercial space.

Vogler said deleting the stipulation would not change the approved land uses, the density or intensity of the project, the building heights or the building locations.

Vogler said the stipulation was confusing for the developers and for county staff because of the words “upon completion” that could be interpreted to mean the developers need 750 county-issued certificates of occupancy before additional preliminary site plans could be approved.

Vogler noted the county staff report submitted prior to the meeting expressed similar concerns and stated staff supported removing the stipulation.

Vogler said 1,112 residential are already in various stages of permitting and permitting review with county staff.

“The Aqua by the Bay project is going forward. It’s under development,” he said.

Commissioners’ questions

Whitmore asked Vogler who wrote the stipulation.

“I think it was a collaborative effort,” Vogler said.

It was later noted during public comment that Servia proposed similar but more detailed stipulation language in the Sept. 15, 2017 letter she submitted to county staff. At that time, before she was a commissioner. Servia represented Beruff and Aqua by the Bay while employed by King Engineering Associates.

Whitmore noted the developers have the right to build 2,894 residential units with or without the stipulation.

County commission eliminates Aqua by the Bay stipulation
County Commissioner Carol Whitmore cast the only vote opposing the deletion of Stipulation A.17. – Joe Hendricks | Sun

“My intent when I approved this was that you would come back and submit another preliminary site plan to us,” Whitmore said of the vote for approval she cast in 2017.

“It wasn’t that you weren’t going to be able to get it approved, because you were, but to appease us as a board, to make sure everything was on the up and up – to oversee this a little tighter because of the environmental concerns that a lot of people have along Sarasota Bay,” Whitmore said.

Whitmore said the commission approval would not have been unanimous without the stipulation.

“Would you agree that all the stipulations, including number 17, got you the 7-0 vote?” Whitmore asked Vogler.

“Ultimately, yes. There were two commissioners that talked about A.17,” Vogler responded.

In 2017, then-commissioners Robin DiSabatino and Charles Smith shared Whitmore’s concerns about the lack of specific details contained in the general development plan.

Servia and Bellamy were not commissioners when the general development plan was approved.

Benac asked Vogler if the stipulation was added to comply with county code.

“There is no code requirement. To be brutally frank and honest, we were listening to comments made by commissioners and we were trying to fashion something that provided comfort and support at the time,” Vogler said.

“Your counsel warned you at the time,” Vogler said of the limited authority the stipulation provided the commission to review plans submitted for additional development phases beyond the first 750 residential units.

Benac said the stipulation seemed like a good idea at the time but it gives people false hope that there’s still an opportunity to stop the project after the first 750 residential units are built.

Commissioner Vanessa Baugh said she didn’t understand why the stipulation was included in the first place and Jonsson expressed similar sentiments.

Staff comments

Manatee County Principal Planner Stephanie Moreland said staff and the applicant were both requesting commission approval to delete the stipulation.

County commission eliminates Aqua by the Bay stipulation
Manatee County Principal Planner Stephanie Moreland agreed the stipulation should be removed. – Joe Hendricks | Sun

“The stipulation is unclear and it’s not working under the procedures that we are familiar with. I’ve never seen one that says upon completion a project must return to the board. Currently, there are 446 units issued, 316 units are under review and staff has had a pre-application meeting for 350 to 353 units. If we’re waiting for the structures to be completed and then come back with a preliminary site plan we’re too late in the process,” Moreland said.

Public input

Public input given during Thursday’s meeting did not sway the commission majority’s final decision.

Speaking on behalf of several Cortez residents, former County Commissioner Jane von Hahmann mentioned the lack of specific details contained in the general development plan that allows for up to 16 high-rise condominium buildings.

“We didn’t have a visual. We had a general development plan and that bothered commissioners. It certainly bothered the public because we had no way of knowing where, other than in the yellow area or in the orange area, these buildings were going to be allowed to be placed,” von Hahmann said regarding the 2017 approvals.

 

Von Hahmann referenced the concerns Commissioner Charles Smith expressed in 2017 about approving a multi-phase development project that developers said could take decades to complete.

“He couldn’t see himself approving something that was 20 to 30 years out. He expressed concern that the board is responsible for approving buildings over 35 feet, but the number of buildings is uncertain,” von Hahmann said.

“We’ve never seen any of the preliminary site plans that have been approved. If staff has anything that can show what’s already being laid out, maybe there’s a comfort level from us that we walk away from the stipulation,” von Hahmann said.

No preliminary site plans were presented at Thursday’s meeting.

“If the stipulation is providing grief because it’s not specific enough, we would ask that you go back to the drawing board and make it more specific,” von Hahmann concluded.

“The bay is very vulnerable. I think it’s very important that we maintain any kind of examination process on a big project like this,” Sarasota Bay Estuary Program member Jim Eliason said.

“Go back to the drawing board. The public does want to keep an eye on this,” county resident Dan Young said when urging the commission to revise the stipulation instead of eliminating it.

Former Manatee County resident Barbara Angelucci read aloud comments prepared by her friend Shannon Larsen, who could not attend Thursday’s meeting, and she shared her own thoughts too.

 

County commission eliminates Aqua by the Bay stipulation
Former Manatee County resident Barbara Angelucci expressed the views she shares with her friend, Shannon Larsen. – Joe Hendricks | Sun

“A stipulation is something specified to or agreed upon in common – an agreement between opposing parties during the course of legal proceedings, legally binding and part of the record. Manatee County Zoning Ordinance PDR/PDMU 15-10 was duly adopted by the board of county commissioners on Oct. 3, 2017. This ordinance contained a number of stipulations that were promised, agreed upon and signed by Manatee County officials. Now, some 29 months later, the applicant would break their agreement, break their promise and break their binding contract with the commissioners and the citizens of Manatee County through their concentrated efforts to delete this stipulation,” Angelucci said.

“If Stipulation 17.A is allowed to be deleted, this breach of promise will set a course of action that provides this applicant and any other applicant the freedom of determination to delete additional stipulations that they themselves agreed to and promised,” Angelucci said.

“A promise is a promise, especially when it was made after hours and hours of deliberate and difficult decisions with input from the applicant, the applicant’s attorneys, the Manatee Board of County Commissioners and the citizens of Manatee County who should be able to trust their commissioners to uphold their promises and agreements and not fold to the demands of wealthy developers,” Angelucci said.

Former County Commissioner Joe McClash said, “Just for the record, we’re not getting notices as a public when things are coming through like site plans. I know the county has abilities to do that and this is one of those commitments I thought was made at the hearings – that we would be notified as height plans come in. Either that or we have to check every single week to see if the county’s received a site plan, which isn’t right.”

In response to McClash, Public Hearing Section Manager Margaret Tusing said Aqua by the Bay site plans are not available at the county website but can be obtained by making a public records request.

County commission eliminates Aqua by the Bay stipulation
This new building is the first to be built on the Aqua by the Bay property. – Joe Hendricks | Sun
Aqua by the Bay hearing is Thursday

Aqua by the Bay hearing Thursday

Written by Joe Hendricks on . Posted in Community News, Cortez, Manatee County.

BRADENTON – On Thursday, Feb. 6, Manatee County Commissioners will discuss Aqua by the Bay developer Carlos Beruff’s request to delete a development stipulation included in the initial development approvals he received from the county commission in 2017.

Thursday’s land use meeting will begin at 9 a.m. and take place in the Honorable Patricia M. Glass chambers on the first floor of the county administration building at 1112 Manatee Ave. W. in downtown Bradenton.

The Aqua by the Bay zoning ordinance amendment request discussion is expected to take place soon after the meeting begins. Public input will be allowed, and Cortez resident and former County Commissioner Jane von Hahmann is among those planning to voice opposition to the developer’s request.

“I believe it is in our best interest to be present at that meeting and make it known that this stipulation was our insurance policy, if you will, that we would know what we were getting in these buildings, especially the visual impact, water shoreline vista impact and overall compatibility with surrounding area,” von Hahmann wrote in an recent email she distributed encouraging others to express their views at the upcoming meeting.

“This is a stipulation which allowed us to see, after development begins, the physical building size and the number of units each building will have, and they want it removed,” von Hahmann wrote.

A large, centralized, clubhouse-like building now stands near the southeast end of the Aqua by the Bay property, between El Conquistador Parkway and Sarasota Bay. Large concrete pipes are scattered about that end of the property that will contain the first phase of residential units to be built.

Excavation work is also taking place at the northwest end of the property, near the pasture where several cows currently live.

Aqua by the Bay hearing is Thursday
These cows now share space with dump trucks and other construction vehicles. – Joe Hendricks | Sun

Stipulation language

Approved by county commissioners on Oct. 3, 2017, the zoning ordinance Beruff seeks to amend includes stipulation A.17, which reads as follows: “Subsequent residential dwelling units, upon completion of the first 750 residential dwelling units, shall require further approval by the Board of County Commissioners at a public hearing prior to, or as part of, Preliminary Site Plan approval, in increments of 750 units or more.  Any approval shall be in conformance with Stipulation A.16.”

Commissioners were provided with a county staff report prior to Thursday’s meeting.

“Staff finds the language in Stipulation A.17 to be unclear and problematic relative to timing as to when the project is required to return to the Board of County Commissioners. Staff believes the timing of ‘completion’ is too late in the development process for the Board of County Commissioner’s review of a site plan,” the staff report says.

“Currently, a preliminary/final site plan has been issued for 446 residential units. 316 residential units are pending Preliminary/Final Site Plan approval. A pre-application meeting was held for another 350-353 residential units,” the staff report says.
“In addition to the complexity of the timeline, the applicant has identified an additional concern with the last sentence of stipulation A.17 which reads; “… Any approval shall be in conformance with Stipulation A.16,” the staff report says.

Aqua by the Bay hearing is Thursday
Workers are onsite installing the infrastructure components for the phase one residential units. – Joe Hendricks | Sun

Regarding stipulation A.16, the accompanying project narrative says, “Prior to final site plan approval, the applicant shall submit a hurricane evacuation and disaster plan to the Public Safety Department’s Emergency Management Division.

“Approval of hurricane evacuation/disaster plans and review of site plans for compliance with those plans has historically been administrative. Requiring public hearings for this purpose is an undue burden for both the applicant and staff. This is contrary to the streamlining direction of the board with the 2019 code amendments,” the project narrative says.

The staff report says, “Staff concurs that the deletion of stipulation A.17 would remove the apparent ambiguities existing during the review and processing of the preliminary and final site plans for the already approved 2,894 residential units. The requirement for a Hurricane Evacuation and Disaster Plan previously referenced in stipulation A.17 would remain applicable to the residential units as stated in the existing Stipulation A.16,” the staff report says.

“In accordance with Manatee County Comprehensive Plan, policy 2.1.2.7, deletion of stipulation A.17 does not affect development patterns, types of land uses, transition between land uses, natural features, or approved development in the area. There is no proposal to increase or decrease the gross or net residential density of the project. Staff finds the request to be consistent with applicable goals, objectives, and policies of the Manatee County Comprehensive Plan. Staff recommends approval,” the staff report concludes.

Commissioner’s past involvement

County Commissioner Misty Servia will be asked to support amending a development plan she helped present to the county in 2017, while working at King Engineering Associates and representing Beruff’s development interests. This was before she was elected to the county commission in 2018.

Aqua by the Bay hearing is Thursday
County Commissioner Misty Servia previously represented Carlos Beruff’s Aqua by the Bay development interests. – Joe Hendricks | Sun

On Sept. 15, 2017, Servia sent Manatee County Planning Section Manager Nicole Knapp a letter on King Engineering Associates letterhead on behalf of Beruff’s Long Bar Pointe LLLP and Cargor Partners VIII LLCs.

Servia’s letter pertained to four stipulations to be discussed at the Oct. 3, 2017 meeting – the meeting at which the county commission approved the proposed development plans.

Servia’s letter noted the developers were offering a new stipulation, known then as stipulation A.18, which stated the developer’s willingness to come back to the commission for additional approvals for subsequent development phases.

That proposed stipulation contained language that is similar to the language approved as stipulation A.17 in the adopted zoning ordinance the county commission adopted on Oct. 3, 2017.

“The Aqua by the Bay project is approved in phases, with Phase I consisting of 750 residential units and 78,000 square feet of commercial/retail uses. Phases II and III shall each consist of 750 residential units, and Phase IV shall consist of the remaining approved residential units. Phases II, III, IV shall require further approval of the Board of County Commissioners at a public hearing prior to, or as part of, preliminary site plan approval,” Servia’s letter said, regarding proposed stipulation A.18.