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Commercial activity on Anna Maria beaches prohibited

Commercial activity on Anna Maria beaches prohibited

ANNA MARIA – While discussing beach cabana rentals and other com­mercial activities occurring on public beaches, Mayor Mark Short said city code prohibits all commercial activity in beach areas that carry the city’s coastal conservation or recreation open space zoning designations.

During the July 24 Anna Maria City Commission meeting, commissioners, cabana rental company owners and employees and the public were also informed that multi-legged cabanas and tents of any kind, commercial or personal, are not allowed in coastal conservation-zoned areas.

According to the color-coded zoning map included in the meeting packet, the coastal conservation zones highlighted in green include the entire public shoreline from Magnolia Avenue to the northern tip of Bean Point. The recreation open space zones highlighted in blue include the Bayfront Park and City Pier shorelines.

Commercial activity on Anna Maria beaches prohibited
The areas highlighted in green are zoned coastal conservation and the areas highlighted in blue are zoned recreation open space. – City of Anna Maria | Submitted

“We have an ordinance on the books that addresses what is permitted in the blue and green areas. The ordinance does not provide for the conduct of any commercial activity in either the coastal conservation zone area or the recreational zone area,” Short said.

Commercial activity on Anna Maria beaches prohibited
Mayor Mark Short doesn’t want Anna Maria’s beaches to resemble the commercial-heavy Palma Sola causeway along Manatee Avenue. – Joe Hendricks | Sun

Participating by phone, City Attorney Becky Vose said the city controls the public beaches and state and federal laws don’t restrict a city’s ability to regulate commercial activities. In regard to privately-owned beaches not regulated by the city, Vose said the upland property owner owns the land up to the mean high-water line and rented or personally-owned tents and cabanas can be set up on privately-owned beachfront property.

Vose said her law firm represents six beach communities throughout the state and each one regulates com­mercial beach activities differently. She said the city of Cocoa Beach allows a limited number of beach vendors to enter into 7-year agreements with the city and if they don’t comply with the city’s insurance, operational and cleaning requirements, those agreements are nullified and offered to another vendor.

Regarding city-regulated beaches, Vose said the city has a great deal of flexibility and can pretty much do what it wants.

“Right now, you do not permit any commercial activity,” she said. “The city has not been enforcing those requirements, but that doesn’t mean you couldn’t start. You need to decide how you want to handle these and give direction to staff. We can either draft new ordinances or we can enforce what we have. There is no compulsion under state law or city code to allow any commercial uses on the beach.”

Commissioner Charlie Salem asked Vose to explain any restrictions that apply specifically to the coastal conservation-zoned areas. Vose said the only shelter-like item allowed in a coastal conservation zone is a single-pole umbrella or something similar. She said multi-legged tents and cabanas are not allowed in coastal conservation zones but that’s something the commission could change.

Commercial activity on Anna Maria beaches prohibited
Current city code prohibits tents and cabanas in beach areas with coastal conservation zoning designations. – Joe Hendricks | Sun

Regarding commercial activity, Vose said any changes desired by the mayor and commission need to be clearly written to continue prohibiting any unwanted commercial activity such as food vendors and other types of rentals.

“You can regulate all of those things and you can prohibit them also,” Vose said.

Participating by phone, Commis­sioner John Lynch said, “We have a multi-layer problem that we’re trying to solve. We’re not current enforcing the current code, so I think there’s a bunch of work we need to do.”

When opening the discussion for public input, Salem said, “Think of this as your opportunity to help us start thinking about the issues involved on any side of this issue.”

In response to a question from city resident Wendy Smith about boat-based vendors, Short said the city’s jurisdiction only extends 10 feet into the water, with the exception of the vessel exclusion zone offshore of Bayfront Park where motorized vessels are prohibited.

Commercial activity on Anna Maria beaches prohibited
My Beach Concierge owner Peery Heldreth addressed the mayor and commissioners. – Joe Hendr

Addressing a concern previously raised in Holmes Beach, My Beach Concierge owner Peery Heldreth said none of the cabana vendors in the commission chambers that day are setting up cabanas that aren’t reserved in advance. Heldreth said his company has a state license, pays monthly sales taxes, carries liability insurance and workers’ compensation insurance. Peery said his company doesn’t set up cabanas on Bean Point. He said his cabanas are commercial grade and he pays his employees $20 an hour, plus tips. He requires his employees to pick up any trash they see on the beach and they’re instructed to stay clear of sea turtle nests. Heldreth asked the mayor and commission to allow the current cabana rental activities to continue while the commission works through these issues.

Anna Maria resident David Ridley said cabanas and tents help protect people from getting skin cancer.

Commissioner Gary McMullen said the city is not enforcing the ordinances on the books and the city hasn’t prevented anyone from putting up a cabana or a tent, but the commission now needs to decide if the existing regulations will be enforced or changed. Short said the commissioners must first decide at a future meeting if they want to keep the current regulations.

Commercial activity on Anna Maria beaches prohibited
The Palma Sola causeway in west Bradenton is a popular place for beach vendors. – Joe Hendricks | Sun
Commercial activity on Anna Maria beaches prohibited
Several vendors offer Personal watercraft rentals at the Palma Sola Causeway in west Bradenton. – Joe Hendricks | Sun

“I do want to be clear about one thing. This is not about just the cabanas. This is about commercial activity in general on the beaches,” Short said. “I don’t want our beaches to turn into the Manatee Avenue causeway. I don’t want horses on the beach. I don’t even want dogs on the beach.”

Dogs are not allowed on Anna Maria Island beaches.

Related coverage:
Holmes Beach officials decline to increase beach cabana regulations
Beach cabana rentals under scrutiny
Mayor concerned about beach cabana rentals

 

Teen shot, killed near causeway Saturday

BRADENTON – The Bradenton Police Department (BPD) and the Manatee County Homicide Task Force are investigating the shooting death of a teenager near the Palma Sola Causeway early Saturday morning.

According to a press release from BPD, shortly after 1 a.m., a Bradenton Police Department officer responded to a report of gunshots in the 8600 block of Manatee Avenue West. The officer located the body of 16-year-old Martavious Carter.

Detectives believe Carter was picked up at another Manatee County location and driven to a secluded area of the causeway where the crime occurred.

During the police investigation, the causeway and Manatee Bridge were closed until 5:30 a.m. Detectives say this is an isolated incident.

The investigation is ongoing and police are asking anyone with information to contact Detective Brian Sands at brian.sands@bradentonpd.com or 941-932-9300. Callers may remain anonymous and be eligible for a cash reward by contacting Manatee Crime Stoppers at 866-634-8477 (TIPS) or online at ManateeCrimeStoppers.com.

Palma Sola Bay impacted by several sources

Palma Sola Bay impacted by several sources

BRADENTON – Horses are not the only source of bacteria and seagrass damage in Palma Sola Bay, an expert told the Bradenton City Council.

In a July 26 water quality presentation, Dr. Dave Tomasko, executive director of the Sarasota Bay Estuary Program (SBEP), stopped short of naming horses as a primary cause of elevated bacteria levels and loss of seagrass, instead saying that there are likely multiple causes.

Horseback riding on the north side of the bay has long been debated by the council, the Palma Sola Scenic Highway Committee and water quality organizations.

“People damage the bay by enjoying the bay, we’re not against that at all,” Tomasko said. “SBEP is for access and recreating on the bay but that does cause damage to the bay.”

In his slide presentation to the council, he raised the question, “Do horses pose a risk to the health of Palma Sola Bay? Is this something that might be bothering some people, or is it something that puts the system at risk?”

Two businesses provide horseback riding in the water on the north side of the bay.

Tomasko discussed four metrics related to water quality and health of the bay, and talked about each of their possible sources: Nutrient enrichment, pathogens, physical damage and nitrogen.

“We generate nutrients through our fecal material, through passing urine. We generate nutrients by fertilizing our lawns, not picking up after our dogs,” he said. “We’re going to look at whether or not there is a nutrient-related problem in Palma Sola Bay and if there is, how important might horses be for that.”

Pathogens can be quantified, Tomasko said.

“Pathogens are things that can make you sick. We test for bacteria. We have three types of fecal indicator bacteria – e. coli, enterococci and fecal coliform, and none of those are just specific to humans, to mammals or to animals,” he said. “I can get you millions of fecal coliform bacteria from decomposing grass in a bucket of water. Our indicators are not specific to a source. So, if you find elevated levels of bacteria, it doesn’t mean you know why they’re there. “

Two different locations, one on the north side where horses are ridden and one on the south side where they are not are both sampled by laboratories, he said.

The Florida Department of Health collected more than 50 samples of south-side data and 84% of them were good, Tomasko said.

“On the north side, the values are poor more than any other category. Elevated levels are found more on the north side than the south side,” he said. “The south side doesn’t show elevated levels (of bacteria) except on occasion.”

“Enterococci bacteria is not necessarily from humans or pets or horses. It could be, but it could also be coming from decomposing seagrass meadows,” Tomasko said, noting that seagrass is absent from the south side of the bay.

Tomasko suggested that there is a good way to find out where the bacteria is coming from and that is through quantitative testing.

“My suggestion would be to try find what the bacteria is coming from to know what you should act upon, if anything,” he said. “If I have 3,000 bacteria and one is due to a human, that’s a lot different than if I have 3,000 bacteria and 1,500 is due to a human. There’s a quantitative way to do this.”

Evidence of physical damage to seagrass is apparent, Tomasko said, but could be caused by multiple sources.

“If we walk through seagrass meadows, or run through with a boat propeller, you’re going to scar the grass a little bit,” he said. “Horses are 1,500-2,000 pounds, they’re kind of heavy, but they also have buoyancy. A submerged horse will have some of its weight offset by buoyancy in the water.”

“It’s important to keep in mind we’ve been doing a lot of things to physically damage these habitats. And horses are causing a trail, true, but there’s a lot of boat propeller scars there too.”

With regard to nitrogen levels he said, “If you want your lawn to grow fast or your trees to look green, add nitrogen. So, we’re trying to keep the amount of nitrogen under control in the water.”

Five or six times a year, volunteers go out to measure microalgae in the bay.

“This was a healthier bay 10-15 years ago. We had a 28% increase in seagrass, we had lower nitrogen, we had lower algae and lower phytoplankton,” Tomasko said. “Palma Sola Bay continues to be healthy, looking at the seagrass status, the phytoplankton, the water clarity, it continues to be classified as a healthy system.”

“Would removing these horses reduce some of these issues?” he asked. “Yes, probably in a local sense, but the bay remains healthy and it doesn’t appear that the bay is in some kind of tipping point or close to it.”

Department of Health issues a no-swim advisory for causeway beach

Department of Health issues a no-swim advisory for causeway beach

BRADENTON – Florida Department of Health in Manatee County (DOH-Manatee) has issued a no-swim advisory for the beach on the south side of the Palma Sola Causeway along Manatee Avenue.

“A no-swim advisory is issued when enterococci bacteria levels exceed Federal Guidelines for safe swimming. It is thought that contact with the water at the site could make beachgoers sick,” a DOH-Manatee press release said.

The advisory will be in effect until the water meets Environmental Protection Agency (EPA) safety guidelines.

No other Manatee County beaches are under the no-swim advisory.

As a participant in the Healthy Beaches Program, DOH-Manatee collects water samples at select beaches each week. The samples are then sent to labs to determine if the levels of enteric bacteria (enterococci) – which can bring human disease, infections or rashes – are acceptable based on EPA standards.

If levels are read as unacceptable, a no-swim advisory is issued; a no-swim advisory is lifted once the levels read as acceptable.

DOH-Manatee received test results from samples taken at Palma Sola South on June 19 and June 22 that show an elevated level of enterococci bacteria.

Additional information about the Healthy Beaches program can be found by calling (941) 714-7593, or by visiting the Florida Department of Health’s website at www.FloridaHealth.gov and selecting Beach Water Quality under the Environmental Health tab of the navigation bar.

Commission ends commercial activity discussions

Commission ends commercial activity discussions

ANNA MARIA – The city won’t enact any additional prohibitions or regulations pertaining to commercial activity in city rights of way and other public spaces.

The Anna Maria City Commission reached this unanimous decision on June 8 after further discussing concerns that Commission Chair Mark Short raised during the commission’s May 25 meeting.

On May 25, Short said he didn’t want Anna Maria’s rights of ways and public spaces being overrun with commercial activity similar to what’s occurring along Manatee Avenue at the Palma Sola Causeway in west Bradenton, where multiple commercial entities offer horseback rides, personal watercraft rentals, kayak and paddleboard rentals and more.

Commission ends commercial activity discussions
Several businesses conduct commercial activity along the Manatee Avenue causeways in Bradenton. – Charlie Trygg | Submitted

After the May 25 meeting, Mayor Dan Murphy asked City Attorney Becky Vose and City Planner Ashely Austin to review how the city currently addresses commercial activity in rights of ways and public spaces and what more could be done if the commission identified specific problems to address.

During the June 8 meeting, Murphy reminded the commission that additional enforcement efforts might require additional personnel and/or equipment.

Austin said the city’s code of ordinances already prohibits commercial activity in city-owned rights of way, but things get trickier when regulating commercial activity on the beaches. She noted the city already prohibits motorized vessels, including personal watercraft, within 300 feet of Anna Maria’s public beach areas. She said the city also prohibits using a cart or vehicle on a public beach to offer goods and services.

Commission ends commercial activity discussions
The city of Anna Maria owns the shoreline near the City Pier and along Bayfront Park. – Joe Hendricks | Sun

Vose told the commission there’s state legislation in the form of Senate Bill 170 awaiting Gov. Ron DeSantis’ signature. If adopted as state law, the state legislation would require local governments to prepare business impact estimates before adopting new regulatory ordinances. The state legislation would also allow courts to award the recovery of attorney fees for those who challenge a new local ordinance. If enacted, the new state law would take effect Oct. 1. Vose advised the commissioners to act before then if they want to adopt any new regulatory ordinances.

Providing a potential solution to the commission’s commercial activity concerns, Vose said the city of Cocoa Beach previously created small, designated areas where commercial activity is allowed on those public beaches.

Short asked if all of Anna Maria’s beaches are public. Murphy said the majority of the beaches in Anna Maria are privately owned, and those who own beachfront property that hasn’t been renourished by the county have property rights that in some cases extend into the water.

Commission ends commercial activity discussions
The city of Anna Maria owns several beach access points, including this one near Bean Point. – Joe Hendricks | Sun

“It’s not wet sand, dry sand,” Murphy said regarding the private ownership of non-renourished beaches.

Austin said private ownership creates a gap in the city’s ability to regulate beach activities.

Murphy said the city owns the beach area near the City Pier, the beach area at Bayfront Park and several beach access points and can regulate commercial activity in those areas.

Murphy reminded the commission that Anna Maria residents are among the beachgoers who use beach cabana and beach equipment delivery and set up services and food delivery services, and that those service providers are local business owners.

The discussion ended with the commission reaching a unanimous consensus not to take any additional regulatory action.

 

Related coverage

 

Commission discusses commercial activity in public spaces

Rescued manatee calf, mom released

Rescued manatee calf, mom released

CORTEZ – When Gale Tedhams was visiting her mother at a Cortez Road condo last May, she immediately recognized the signs of a manatee calf in distress.

“There was a mother and baby in the canal behind the (Mount Vernon) condo,” she said. “You could see boat strike injuries and the baby couldn’t dive to nurse.”

Tedhams, who volunteers at the Bradenton Beach-based Wildlife Education and Rehabilitation Inc., called Mote Marine and the Florida Fish and Wildlife Conservation Commission (FWC) to see if someone could help.

“They told me they knew about them and have been trying to get them for two weeks, but by the time they got to them they were already gone,” Tedham said. “About 30 people (from FWC) came out in a boat and stretched a net around them and were able to take mom and the baby. The mom was huge.”

The calf had an infection and the mother and calf were kept together and brought to SeaWorld Orlando for treatment. SeaWorld has a rehabilitation center for treating wildlife that is ill, injured or orphaned, including manatees, sea turtles, birds and other marine animals.

On Aug. 3, the mother and calf were released back into the water at the Palma Sola Causeway Boat Ramp.

“They brought them down (from Orlando) in a huge box truck,” Tedhams said. “They were laying in the back. Once they were put in the water, they just swam right off together.”

In a recent study, FWC researchers found that one out of every four adult manatee carcasses analyzed showed evidence of 10 or more watercraft strikes.

“With only 4% of adult manatees devoid of watercraft-related scars, it appears exceedingly rare for an adult manatee to not be struck multiple times in its life,” according to the FWC website.

Manatees and the law

Manatees are protected by the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973 and the Florida Manatee Sanctuary Act of 1978.

It is illegal to feed, harass, harm, pursue, hunt, shoot, wound, kill, annoy or molest manatees. According to the FWC, “Examples of illegal activities include: Giving food or water to manatees, or using food or water to attract manatees, separating a mother and calf, disturbing manatee mating herds, or pursuing or chasing manatees either while swimming or with a vessel.”

Call the FWC’s Wildlife Alert Hotline: 888-404-FWCC (3922), #FWC on cell phones, or text Tip@MyFWC.com to report manatee deaths, injuries, harassment, accidents, or orphaned or distressed manatees.

Aground no more

BRADENTON – Anyone traveling down Manatee Avenue the afternoon of Friday, Feb. 19 was treated to an interesting sight as the nine-person crew of the Exuma Trader, a Sarasota-based marine salvage vessel, worked to remove the Viva! Viva! from the shallows of Palma Sola Bay, where it ran aground early this month.

The entire operation took more than two hours and required an assist from Sea Tow to get the boat bobbing.

The boat was a minor tourist attraction this month on the southeast side of the Palma Sola Causeway until its owner could have it removed. Thanks to the help of Catherine Schultz of Catherine’s Florida Charters and Bahia Mar West Marina, the vessel was removed at no cost to the owner, who lives part-time aboard the Viva! Viva!

Florida Fish and Wildlife Conservation Commission officers, along with officers from the Bradenton Police Department, secured the site and watched over a small group of onlookers.

At the end of the afternoon, the Viva! Viva! was returned to its customary anchorage position in Palma Sola Bay on the north side of the causeway along Manatee Avenue.

The crew of the Exuma Trader out of Sarasota pulled the Viva! Viva! from the shallows of Palma Sola Bay on Friday. - Kristin Swain | Sun

The crew of the Exuma Trader out of Sarasota pulled the Viva! Viva! from the shallows of Palma Sola Bay on Friday. - Kristin Swain | Sun

Beached boat to be removed from causeway

MANATEE COUNTY – The boat that’s been a fixture on the south side of the Palma Sola Causeway beach on Manatee Avenue for several days is expected to soon be gone.

Manatee County Information Outreach Manager Nicholas Azzara said that the owner of the beached vessel, the “Viva! Viva!,” has been located by the county’s marine resources team and confirmed that the owner does have plans to repair and remove the vessel from the public beach as quickly as possible.

Azzara said that in conversations with the boat owner, county representatives determined that there were extenuating circumstances leading to the boat’s prolonged stay on the sand. Because the vessel isn’t considered abandoned or derelict, there are no plans for Manatee County or Florida Fish and Wildlife Conservation Commission officials to remove the boat.

To help reduce the owner’s liability due to the public curiosity the beached vessel has garnered, Azzara said the owner has arranged for caution tape and signage to be placed on the vessel noting that it is private property. The public is asked to not trespass on the beached vessel.

If the blue and white boat looks familiar, it’s the same one that has floated at anchor on the north side of the causeway for the past few years. The boat appeared on the beach after a windstorm the week of Feb. 1 and has been there ever since. While no date has been announced for the removal of the boat, the situation is expected to be remedied by the boat’s owner as quickly as possible. At this point, Azzara said Florida state boaters’ rights limit the county to working with the boat owner to limit public access to the vessel and on the removal of the boat.

Bradenton City Council joins horse debate

BRADENTON – The horseback riding operations along the Palma Sola Causeway on Manatee Avenue West are again under scrutiny, this time by Bradenton City Council members.

During an Aug. 19 emergency meeting, council members voted unanimously to have City Attorney Scott Rudacille look into what the city can do to help mitigate issues caused by the riding operations. Issues discussed include the damage to seagrass, which could potentially lead to erosion and cause damage to the roadway, pollution from animal excrement and safety hazards from having so many horses on the side of the road in an area where families come to relax on the beach.

The same issues were discussed the week before in a Palma Sola Scenic Highway Corridor Management Entity meeting when two Palma Sola Bay residents, Robert Lombardo and Clif Gaus spoke. The two also appeared at the Bradenton City Council meeting.

The Sarasota County Water Atlas lists both the north and south sides of Palma Sola Bay as impaired according to the Florida Department of Environmental Protection’s impaired waters rule. Impairments listed include fecal coliform and other bacteria. The latest water tests were done in late December 2019. Seagrass coverage for the area is listed as regressing from continuous to patchy in the north side area where the horses are ridden.

The issue of the horses was brought up in late 2019 before Manatee County commissioners who decided not to pursue regulation. Under Manatee County law, the horses also are labeled as a form of transportation, allowing them to be ridden on the causeway. Though the business is conducted in FDOT’s right of way, the city of Bradenton is charged with enforcement in the area.

While the horses aren’t a new fixture on the north side of the causeway, recent barriers to the practice in Pinellas County have led to more companies moving their riding businesses to the causeway. During the Palma Sola CME meeting, one member stated that 10 companies now advertise horseback riding on the causeway.

Maps from the Florida Department of Transportation show that the department lays claim to the right of way stretching 75 feet from the center of the roadway. A 2012 letter from Lance Grace with FDOT in response to concerns about the riding businesses states that while the department’s concern is for the “safety of the traveling public,” it allows for use of the right of way on the causeway for public recreation purposes and cannot block one recreation use while allowing others to continue. The letter suggests pursuing the issue with local governmental agencies and the Manatee County Department of Health, which monitors water quality in Palma Sola Bay.

View from the saddle

While some of the riding operators who have spoken to The Sun are not opposed to some type of regulation over the businesses using the causeway, they don’t want to see riding banned as it was in Pinellas County.

Carmen Herrmann Hanson of C Ponies, one of the companies offering horseback rides along the causeway, said that she feels the uptick in the number of horses on the roadside beaches is due partially to the COVID-19 pandemic. With people trying to find safe, outdoor activities, she said she feels more people are coming out to play on the causeway, from riding Jet Skis to riding horses or just relaxing on the sand.

As for her business, she said her employees know where the seagrass is and they stick to the harder, sandy areas where it’s not so soft that it could cause the horses to stumble. She suggested that the city or FDOT put signs in the area to specify that horses or small watercraft are not allowed to launch where the seagrass is, noting that the watercraft used on the south side of the causeway at low tide cause serious damage to seagrasses.

Hanson said she’s not opposed to some type of regulation for the riding businesses and even suggested that the horse operators and other companies doing business on the causeway contribute to a seagrass mitigation fund to help repair some of the damage to the area’s seagrass, though she added that the suggestion didn’t go anywhere with area leaders.

Related coverage

 

Scenic Highway CME talks horses on the causeway

 

County moves to regulate horses in bay

 

Pinellas County bans water horses

Scenic Highway CME talks horses on the causeway

Scenic Highway CME talks horses on the causeway

MANATEE COUNTY – The horses being ridden for profit along the causeway are again causing a stir, this time with members of the Palma Sola Scenic Highway Corridor Management Entity (CME) and some nearby residents who live along Palma Sola Bay.

The subject of horseback riding in the bay came up during an Aug. 12 meeting of the CME. The group discussed the matter themselves and heard from two residents who live on the bay.

Robert Lombardo and Clif Gaus, two long-time bay residents, both spoke during public comment, asking for help from CME members in seeking regulation for the horse riding businesses.

Lombardo, who has lived for nearly 40 years on the bay, said that he initially became concerned about the businesses when he saw the horseback riding take off in 2016. After speaking with local elected officials and not garnering any interest in the issue, he said he backed off, only to renew his efforts in October 2019.

“I can’t ignore it anymore,” he said, noting that he’s seen a steady increase in the horse riding excursions and the number of companies operating on the causeway. Lombardo’s concerns include water quality and the destruction of seagrasses where the horses are ridden in the water off the beach. He said that he sees horse excrement float by his dock regularly which leads to concerns for him about fishing and swimming in the water.

Lombardo said that he spoke about his concerns with Julie Espy, Program Administrator of the Water Quality Assessment Program with the Florida Department of Environmental Protection. While he said Espy agreed that there is cause for concern with both environmental and water quality impacts, she said the issue needs to be handled at a local level.

While Lombardo said he doesn’t want to put anyone out of business, he wants a structure in place that helps protect the area’s natural resources, including seagrasses, from destruction.

Gaus said that having so many businesses operate along the causeway corridor takes away from the beauty of the scenic highway and also reduces the number of people who can enjoy the causeway beaches. In addition to excrement and broken seagrasses, he said he’s also seen a horse break loose and run close to children playing on the beach. With so many horses, he said it discourages people from using the causeway and it creates issues with swimming in the water and using the beaches with excrement floating through the water and washing up on beaches.

Gaus presented members with two aerial photographs, one of the north side of the causeway from 2016 and another from 2019. While he assumes that the difference in coloring is due to sand being exposed rather than seagrasses being present, he said that the 2019 map clearly shows a difference where the horses commonly walk.

Shawn Duytschaver, a CME member and owner/operator of Surfer Bus, said that he’d previously proposed the idea of an equestrian trail along the side of the causeway that would keep the horses in one section that is clearly marked. He said that the issue is the way that the horses walk in the water digs up not only seagrass but also sand and would eventually create a channel, requiring the trail to be moved to another area.

Co-chair Ingrid McClellan said that before the CME group approaches any elected officials, they need to have concrete data to show the damage to the area. She suggested going to the Southwest Florida Water Management District and the Sarasota Bay Estuary Program to get seagrass data from the past several years.

Member Mike Meehan suggested that all of the trailers parked on the side of the causeway, some on sidewalks, with horses blocking or constantly crossing the sidewalk could create a safety hazard that would need to be addressed.

Nancy Simpson with the Sarasota/Manatee Metropolitan Planning Organization said that there potentially are several issues for her organization to address, including beach erosion caused by damage to seagrasses that could potentially damage the roadway, travel time concerns along Manatee Avenue with the trailers backing in and out, and drivers slowing down to look at the horses and horses breaking free of their handlers.

Simpson also said that getting the Manatee County Department of Health in on the conversation could shed some light on how the horse excrement affects E. coli, or fecal bacteria, in the bay.

She offered to work with Lombardo and Gaus as a private citizen on presentations for the city of Bradenton’s planning and city commissioners.

Regulation, she said, is a “no-brainer,” adding that it’s wrong for businesses to profit from taxpayer-funded property without paying anything toward the maintenance of the property or remediation necessary because of the business use.

Previously, a representative from Beach Horses, one of the 10 companies that advertise horseback riding on the causeway, spoke to the CME group, suggesting that the businesses be regulated through a registration process similar to taxis. Each horse would be assigned a medallion and only a certain number of horses would be allowed at one time. While the plan was well-received by the group, it didn’t make it any further toward becoming a reality.

Currently, the horses are considered a method of transportation and are therefore allowed on the causeway. The companies that conduct the horseback riding trips along the beach and through the water are not required to have any special permits to operate but are not allowed to take cash onsite for services due to a prohibition against conducting business in a Florida Department of Transportation (FDOT) right of way.

The boundaries between what is a Manatee County park, what is owned by the city of Bradenton and what is an FDOT right of way are blurred and result in an enforcement issue for the area. CME co-chair Craig Keys said he would look into who has authority over the area and report back to the group.

After conversations ended, Gaus said he was happy with how discussions with the CME group had gone.

“I was pleased with their willingness to explore solutions with the city of Bradenton,” Gaus said. “The designated “Scenic Highway” at the entrance to Anna Maria Island is not a scenic highway in reality. Given the state environmental people will have nothing to do with preventing the seagrass destruction, I think we are left with the city as a remedy. I just can’t believe our state government would not want to even try to regulate a massive destruction of seagrass, the very thing they are charged with doing. It sets a horrible precedent for protecting our bays anywhere in the state. If this is their response, we might as well eliminate the entire Florida Department of Environmental Protection.”

Related coverage

 

Scenic Highway group seeks to solve horse problems

 

County moves to regulate horses in bay

 

Pinellas County bans water horses

Concerns raised over horse waste in bay

Scenic Highway group seeks to solve horse problems

BRADENTON – Members of the Palma Sola Scenic Highway Corridor Management Entity met Feb. 2 with one big item on their agenda: the horse riding operations that take place on the north side of the causeway.

Tim Maddox of The Real Beach Horses was on-hand during the meeting to help provide an insider’s look at how the horse riding businesses operate on the causeway. Because the businesses operate in a Florida Department of Transportation right of way, no money can be exchanged on the site but the businesses can operate with limited oversight and no permits needed. Issues that have been brought up during previous meetings include damage to seagrasses, damage to palm trees from tying up the horses and waste problems both on the causeway and in the water.

Maddox said that his ride operators are careful to only conduct rides during low tide when the seagrass along the beach area is visible and the horses can be led around the grasses rather than through them. He added that his staff also cleans up behind the horses while they’re on land though he added that other horse ride operators are not always so careful to preserve the local environment. Maddox also stated that he has commissioned water quality testing to make sure that the horse excrement isn’t adversely affecting the water in Palma Sola Bay. He said that the tests all came back well within normal levels and that four testing areas were used in close timing to when horse rides were taking place to get the best samples possible.

Though he said that his company is very mindful of how they leave the north side of the causeway, some of the other ride operators are not and it’s taking a toll on his employees who are encouraged to clean up after other businesses’ horses.

“I really think our industry needs regulation,” he said.

Maddox suggested that Palma Sola CME members approach the county about regulating the six or more ride operators that bring horses to the causeway for commercial purposes, including instituting a medallion system where businesses would have to apply for a permit per horse, similar to how some cities regulate taxis, and would have to meet certain standards or risk having the medallions revoked. Maddox suggested $500 per medallion to help pay for enforcement of the program. Currently, he said there are no permits, business taxes or regulations required. Ride operators only have to pay sales tax for monies collected.

Manatee County parks representative Mike Elswick said that if the property is owned by the city, even though it is an FDOT right of way, it could fall under the city of Bradenton’s parks department with rules and regulations determined by the parks department director. Maddox said that he feels the only way to create enforcement is to institute something like the medallion program because it’s a contract with strings attached and the threat of taking away the ride operator’s ability to have horses on the causeway.

“A slap on the wrist won’t work,” he said.

Co-chair Ingrid McClellan said she would work on achieving compliance with the current ride operators on the causeway while working with the Palma Sola CME group to come up with a recommendation to present to Bradenton city leaders.

Related coverage

County moves to regulate horses in bay

Pinellas County bans water horses

Palma Sola Bay

Palma Sola water quality compromised

BRADENTON – The south side of Palma Sola Bay continues to test positive for moderate levels of enterococcus bacteria from fecal matter, according to the Florida Department of Health.

The moderate level has persisted since Aug. 26. Poor water quality was discovered on Aug. 12 and 13, briefly improving on Aug. 19.

That afternoon, an estimated 180,000 of reclaimed water spilled at 59th Street West and 21st Avenue West near Blake Medical Center when a contractor struck a water line, causing reclaimed water to rush down the street into a storm drain that leads to the bay, according to a Florida Department of Environmental Protection (DEP) report.

A health advisory at Bayfront Park in Anna Maria has been lifted since water samples tested good on Sept. 3, the most recent water test available. Poor readings on Aug. 26 and 28 prompted the advisory.

The Florida Healthy Beaches Program uses a three-point scale – poor, moderate and good – in evaluating water safety. Tests detect the presence of enterococci – bacteria that normally inhabit the intestinal tract of humans and animals, which can be an indication of fecal pollution.

The bacteria may originate from sewer pipe breaks, stormwater runoff, wildlife, pets or horses.

The Tampa Bay Regional Planning Council asked DEP and the Pinellas County Commission in June to ban recreational horseback riding in Tampa Bay along the Sunshine Skyway Bridge causeway to reduce nitrogen and phosphorus from horse waste. Some of the same horses that are rented at the Skyway also carry tourists up and down beaches on the Palma Sola Bay Causeway and swim in Palma Sola Bay. The Sarasota Bay Estuary Program and Keep Manatee Beautiful also have expressed concerns about horse waste in the bay.

If fecal pollution is ingested while swimming or penetrates the skin through cuts, it can cause infections, rashes and disease, according to the health department.

The federal Environmental Protection Agency (EPA) recommended that states adopt the bacterial testing as a saltwater quality indicator. According to EPA studies, enterococci have a greater correlation with swimming-associated gastrointestinal illness in both marine and fresh waters than other bacterial indicator organisms and are less likely to die off in saltwater.

Related coverage

Letters: Horses on the causeway

Horses not allowed on Gulf beaches

Concerns raised over horse waste in bay

Paid parking may be coming to county boat ramps

Paid parking may be coming to county boat ramps

MANATEE COUNTY – A user fee is being proposed for boaters using any of the Manatee County managed boat ramps.

There are 10 county-managed boat ramps in Manatee County with three on Anna Maria Island, Kingfish Boat Ramp in Holmes Beach and the Coquina North and South Boat Ramps in Bradenton Beach, and one, the Palma Sola Boat Ramp, on the Palma Sola Causeway near Flamingo Cay. With renovations needed at Kingfish, Coquina South and Palma Sola, along with a planned parking expansion at the Highland Shores Boat Ramp, county leaders are looking for a way to help pay for repairs, management and ongoing maintenance. During an Aug. 15 work session, Parks and Natural Resources Director Charlie Hunsicker presented a plan – charge the boat ramp users a fee.

The proposal from the Parks and Natural Resources staff is to charge $5 per day for boat trailer parking spaces. If the fee is charged, it’s estimated that each parking space would generate $500 in revenue each year, equaling $146,500 in annual revenue for 293 trailer parking spaces. The estimate to install solar-powered parking machines at the boat ramps is $65,000 with $5,400 in annual data costs.

Commissioner Carol Whitmore said that with the amount of money that would be raised with paid parking, she doesn’t feel that it’s worth it.

“I don’t support them, 100%,” she said. “I just don’t support charging to park our boats.” She added that she hopes her fellow commissioners won’t support paid parking at boat ramps either.

Commissioner Vanessa Baugh said she is more in favor of charging for paid parking at the boat ramps due to the use of the ramps for commercial businesses.

“I don’t think it’s right that a commercial fisherman should be able to use our ramps to run their business,” she said.

Commissioner Priscilla Whisenant Trace said that she believes that fishermen would be willing to pay to park if it gave them access to the county’s busy boat ramps. She added that she hopes the county finds a way to expand its boat ramps and maybe a way to provide preferential treatment for boaters who live in Manatee County.

“It only makes sense to charge user fees,” Commissioner Besty Benac said.

Kingfish boat ramp
The Kingfish Boat Ramp in Holmes Beach is planned to undergo a minimum of a $4.5 million renovation. – Joe Hendricks | Sun

With the number of registered vessels in Manatee County jumping from 17,940 in 2015 to 20,931 in 2018, the county’s boat ramps are operating over capacity on a regular basis, according to Hunsicker. Adding in the approximately 395,000 Manatee County residents, the presentation notes that there should be 52 boat ramp lanes in the county to adequately accommodate everyone according to standards outlined in the county’s comprehensive plan. There are currently 18 boat ramp lanes in use in Manatee County in the nine improved boat ramps, not including the Lake Manatee Boat Ramp. In the nine boat ramps, there are 293 trailer parking spaces, not including those available to other vehicles.

Hunsicker also proposed creating a public-private partnership to create new boat ramps in the area, specifically one with Pen Bay 1 LLC to create a new four-lane boat ramp with access to Palma Sola Bay and 80 parking spaces in Cortez at the site of the proposed Peninsula Bay residential subdivision project. He said that the project as proposed would not change the shoreline of Palma Sola Bay.

He said the developer estimated in 2018 that the construction costs for the project, including cutting a channel to the bay, would be $10-15 million with the costs shared between the county and the developer. If county leaders opt to move forward with the project, Hunsicker said the developer is ready to go into design for the project as early as fiscal year 2020.

Whitmore said she feels “very good” about the possibilities of the project and applauded the developer for wanting to commit land to a public boat ramp that could be developed into more housing.

Currently, funds for boat ramp projects and renovations come from either matching funds with the West Coast Inland Navigation District or the Florida Boating Improvement Program from vessel registration fees. Without finding additional funding sources, Hunsicker said the county won’t meet their goals over the next five years to renovate existing boat ramps.

No decisions were made by commissioners due to the discussion taking place during a work session.

Related coverage

Palma Sola Boat Ramp remains closed

Paid Island parking rejected by local leaders

County fast-tracks Kingfish improvements

Palma Sola Boat Ramp remains closed

Palma Sola Boat Ramp remains closed

PALMETTO – The Palma Sola Boat Ramp remains closed as Manatee County officials seek funding to make necessary repairs.

The issue of the closed boat ramp was broached by Bradenton Ward One Councilman Gene Gallo during a Manatee County Council of Governments meeting. Gallo said he’d received several complaints about the ramp being closed and questioned why no work had been done on the boat ramp since it was taken over by Manatee County officials earlier in the year.

There are several issues with the small boat ramp, typically used for smaller watercrafts such as Jet Skis and small recreational boats. Gallo said one issue is the ramp’s location, located in the southwest corner of the causeway next to a condominium complex on Flamingo Cay. Due to the location of the ramp, it’s hard for a sailboat to get any wind to launch at the site. Sand also washes into the boat ramp, making it difficult to launch any watercraft. Gallo suggested moving the boat ramp to the east side of the parking lot and digging a small channel to the ramp to allow for the easier launch of watercraft.

“If we’re going to do it, we need to do it right,” he said.

Charlie Hunsicker, Director of Parks and Natural Resources, said that to move the boat ramp would potentially require extensive seagrass mitigation, making a move cost-prohibitive for the county. During an Aug. 13 work session on county boat ramps, he said a presentation is scheduled to give a comprehensive report on the project, including immediate plans to make repairs to the boat ramp, lower the docks to ADA standards and reopen the boat ramp as soon as possible.

Letters: Horses on the causeway

I appreciate your article in the Anna Maria Island Sun dealing with potential health concerns of horse fecal matter on the Palma Sola Causeway. In fact, your article also brought up for me another concern in addition to horse poop. I initially expressed my concerns by written letter to Bradenton City Councilman, Ward One, Gene Gallo in February. He sent me a short reply basically saying “tough luck ol’ boy,” the horse folks are on state right of way, and no one around here has any jurisdiction.

These horses have become a real problem for those of us who wish to fish on the north side of the causeway. At 76 years old, my wife Lucy, and I enjoy only a few activities, and wade fishing on the causeway is fun for us, for we are also catching food for the dinner table. Unfortunately, due to red tide and bans on keeping our fish of choice, we’ve retired the rods until the ban is lifted.

My concerns/gripes follow: What started as a one-horse trailer some time ago has expanded to three trailers, meaning more horses in the water, or so it seems. Lucy and I were fishing one day a few hundred yards west of the trailers, i.e., towards the island, with about 20 yards or so of line in the water. I saw several horses coming our way, and as they were getting closer, I tried to wave them off for obvious reasons. The lady in the lead was starting to invade our space and I told her we were fishing. She smiled, turned around towards the others, and made an arm gesture to continue forward. They started to run over our lines. I screamed at them, took another rod and tried to cast a plug at them and it hung up in the rod (thank goodness…I didn’t want to hurt anyone but I was angry). When they realized my anger, they turned around and went back the way they came, and the seagrasses that the horses trod over, perhaps 20 feet from the shoreline, broke loose and the surface of the water was filled with grass cuttings. The water no longer looked pristine, it was a mess. It was a horrible mess…no apology from the lead horsewoman was forthcoming, it was like she owned the place!

And yes, there is horse poop in the water.

It’s getting to where folks have to fish only on the south side of the causeway when the horses are there. I feel like these farmers/ranchers with horses are increasingly taking advantage of the situation, and I’d like to see their enterprise kept within a minimum area… truly I’d like to see them gone. If anything, they could be more respectful of their surroundings and the other folks that also want to enjoy the north side of the causeway. It’s hard to fish on the north side when you see the horses several hundred yards from the trailer along the road. Who wants to stop and wade out in the water with potential horse crap in it and knowing the horses have trodded over the area cutting the grasses, and causing the fish to leave their grass surroundings and seek other areas.

Only very seldom do you see families parked on the north side with kids playing in the water. The news is out… it’s probably not safe! Is the one or two ranchers and some tourists more important than the multitudes who enjoy the causeway. The north side is basically dead to us who live here, as well as the tourists who spend their vacation monies in several neighboring businesses. The horse folks make money from the tourists, I assume. Yes, some tourists are obviously happy about that, BUT you don’t see them swimming in that water!

We all had better start taking more of an action-related stand towards our water resources in these days of uncertain climates. Simply waiting for bacterial samples to reach an acceptable level while continuing to indulge in the practices that likely resulted in high bacterial counts should be unacceptable for all folks who genuinely care about our environment.

Edward (Ed) Segerson, Bradenton


My wife and I noticed recently “50 fun things to do in Manatee and Sarasota, one of which is horseback riding in Palma Sola Bay. We have lived adjacent to the bay since 2000, and have enjoyed swimming, fishing and boating in the bay since 1974.

When we first heard that a business providing horseback riding in the bay, primarily on the north side, was going to be allowed, I called several elected officials of the county and city and noted my concerns regarding the potential water quality issues. I was familiar with the fact that individual horse owners, over the years, had ridden their horses in the bay, but never as a business.

The officials were helpful and explained the jurisdiction issues on the causeway, but it appeared that businesses would be allowed to operate. I understand free enterprise and as a small business owner, I had mixed feelings about objecting to the business,  that was, until just after the businesses started, and I was fishing off my dock, and saw the horse turds floating by.

Numerous riding businesses now have many horses in the bay on the north side. I know that they are being responsible for any droppings on the shore, and I respect that. It’s clearly not stopping the amount of horse urine and feces in that area of the bay, when the horses are walking along the shoreline and in the bay along the east shoreline.

What we all need to consider is the total effect of these private business operations on the public. I have seen a decline in the use of the north shore since the horseback riding businesses were allowed. I know I wouldn’t want to be lounging along that shoreline or have a small child there when horses are walking in the same area.

With all the horses now using the east shoreline and proceeding north along that area, well in the water, what if any effect has the walking in that water had to the seagrasses in that area. I don’t see how the horses have not obliterated the grasses by now.

So I ask the appropriate elected officials, should we continue to ignore the negative impact on the public from the private businesses operating the horseback riding in the bay, including any negative impacts to the horses themselves, or after several years of allowing these businesses to, once and for all, look into the possible negative impacts, to the bay and the public that enjoys the bay.

Robert Lombardo, Bradenton

https://amisun.com/2019/07/06/concerns-raised-over-horse-waste-in-bay/

https://amisun.com/2019/07/18/horses-not-allowed-on-gulf-beaches/