Skip to main content

Tag: Robert Lincoln

Bradenton Beach commissioners seek city attorney

Bradenton Beach commissioners seek city attorney

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

BRADENTON BEACH – City officials are seeking an interim city attorney prior to choosing a perma­nent replacement for former City Attorney Ricinda Perry, who retired on Sept. 18.

Commissioners discussed options at their Oct. 18 meeting and were advised by attorney Robert Lincoln, who has previously done work for the city.

“Given my scheduled and other commitments, I’m not in a position to take over and give you what you need as interim city attorney,” Lincoln said. “You will end up going to an RFP (Request for Proposal) and do a comprehensive search to get a city attorney and I think you should take your time.”

Lincoln recommended interim support of an experienced attorney as the commission goes through the process of determining a permanent replacement for Perry.

“I got the go-ahead from Mayor Chappie to contact a few people and try to come back with at least two individuals or firms that would be willing to serve as interim city attorney that I knew of personally or by reputation and feel comfortable recommending to you,” he said.

Bradenton Beach commissioners seek city attorney
City Attorney Ricinda Perry read aloud her resignation statement on Sept. 18. – Joe Hendricks | Sun

Lincoln suggested scheduling a work meeting on Tuesday, Oct. 7 for commissioners to meet with his recommended attorneys.

“Erica Augello, who is currently city attorney of Holmes Beach is one and she’s part of Trask Daigneault Law Firm. They do municipal work, that’s their focus,” Lincoln said. “The other person is Regina Kardash. She’s been the town attorney for Indian Shores and Redington Beach. She’s had a lot of experience with small coastal communities.”

Rates for Trask Daigneault are $280 per hour and Kardash is $250 per hour for regular services and $350 per hour for litigation.

“I went online, and the Trask firm is all municipal. I think they represent about 14 municipalities,” Chappie said. “I’ve talked to the mayor of Holmes Beach and they seem to think the world of Erica and the firm and everything they’ve done in legal issues. I also called the mayor of Anna Maria and the firm that represents them is the Voss law firm. Becky Voss seem very qualified as well.”

The name of attorney Robert Eschenfelder of Trask Daigneault was also mentioned, Chappie said.

“I’m very familiar with members of the Trask law firm, especially Rob Eschenfelder. I worked very closely with him at Manatee County,” Vice Mayor Deborah Scaccianoce said. “He’s outstanding and I know Trask has been very successful in lawsuits that have been lodged against Holmes Beach.”

Lincoln said Augello is the person he spoke to and she is indicating she would be responding for the firm.

“It might make sense for her to take it on,” Lincoln said. “Let’s just say the potential other kinds of issues that would show up are dealing with potentially different responses to the government or legislature on the consolidation issue or negotiating an interlocal agreement.”

Lincoln said the firms that are likely to bid for the city business on a permanent basis would probably include Trask Daigneault, the Dickman firm from Naples and the Voss firm.

“I recommend to come back on the 16th (the next regular city commission meeting) with a resolution to appoint an interim city attorney for a period of six months or until you appoint a complete city attorney,” Lincoln said. “That’s because the city attorney’s job, even if interim, is still a charter position and technically it should be filled by a majority vote of the commission.”

Commissioner Scott Bear questioned who Trask is going to recommend and expressed concern about potential conflicts if Augello, who represents Holmes Beach, is appointed.

Chappie said he and Police Chief John Cosby met with the principal partner at the Trask firm.

“I think at least three of the members of their firm I would be very comfortable with in dealing with city business,” Chappie said.

Lincoln said he would represent the city at the Oct. 16 meeting and would continue to handle city land use and planning and zoning issues for as long as he is needed.

Commissioners reached a consensus to hold a special meeting with Augello and Eschenfelder on Tuesday, Oct. 7 at 10 a.m.

“Then we can plan to set a final decision for the 16th depending on what comes out of that meeting,” Lincoln said.

Perry retires as Bradenton Beach city attorney

Perry retires as Bradenton Beach city attorney

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

BRADENTON BEACH – Ricinda Perry’s 21-year tenure as Bradenton Beach city attorney came to an end on Sept. 18 when she announced her immediate retirement at a city commission meeting.

She made the announcement two days after city commissioners met to evaluate her performance following allegations that she had named Drift-In owner Derek Williams as the source of a Florida Department of Environmental Protection (FDEP) complaint against a neighboring business, the Anna Maria Oyster Bar (AMOB).

In response to Williams’ public records request, FDEP confirmed that no complaint had been filed, which triggered the Sept. 16 work meeting. At that meeting, the commission granted Perry’s request to allow her more time to respond to the allegations.

Perry retires as Bradenton Beach city attorney
When announcing her retirement, City Attorney Ricinda Perry read aloud a five-page statement she prepared in advance. – Joe Hendricks | Sun

Instead, Perry made the Sept. 18 retirement announcement as she read, sometimes tearfully, from a prepared statement which was titled,” A letter to my Bradenton Beach family.”

Perry stated she had planned to retire at the end of 2024 after selling her home and moving out of state, but when Hurricanes Helene and Milton struck, she put those plans on hold.

“Now in my 21st year of service and, with our community well on their way to recovery, as we mark the one-year anniversary of Helene next week, it’s time for me to finally retire and say goodbye to my role as your city attorney,” she said. “Writing these words is harder than I imagined, because Bradenton Beach has been more than just a place I’ve worked. It has been my family, my teacher, my calling and the source of friendships and stories that I will carry forever.”

Perry said her decision to retire was based on wanting to spend time with her husband and daughter in South Carolina.

“For the past year, I have spent too many days and months here in Florida rather than with my family,” she said. “My daughter is now one quarter of the way through her second year in her new school with me away yet again because I am serving here.”

Perry said her family has made sacrifices for the city.

“This is lost time – moments of my daughter growing up, moments with my loved ones – that I can never get back. For me this has been the greatest sacrifice of all,” she said. “My family has carried on without me so that I could be present for you and that is lost time that I can never recover.”

“It is now time for me to pour into my home life. To sit at my own table, not a city hall dais,” she said. “To watch my daughter grow up in person, not through a phone screen, to make memories with my husband that cannot be postponed or replaced.”

She thanked city staff, commissioners and city leadership.

“While the fabric of our community is woven by its people, it is our staff within these walls who hold it together day after day,” she said.

Perry retires as Bradenton Beach city attorney
City Attorney Ricinda Perry, right, thanked each city commission member for their service to the city. – Joe Hendricks | Sun

“To my commissioners, past and present, your service is the hardest and most thankless role in government,” Perry said. “For little recognition and only a modest stipend, you shoulder the hopes, frustrations and daily realities of this city.”

Transition

“Over the past year, I have worked diligently to prepare for and support a smooth transition,” Perry said. “I am fully aware of discussions that have taken place, and I recognized that some have expressed a desire for new leadership in the role of city attorney.”

“My commitment has always been, and remains, to serve the best interest of this city and its elected officials,” she said. “If my final act of service is to step aside in a manner that allows for peace and continuity, I do so with a sense of fulfillment and contentment in that decision.”

She said for the past six months, the commission has allowed her to transition half of her legal work to attorney Robert Lincoln, whom she characterized as an “outstanding attorney.”

“I am confident as I retire, the city is in his capable hands and he will continue to provide for the needs of this community,” Perry said. “Thank you, Bradenton Beach commissioners, for trusting me, for challenging me and for letting me part of your story.”

Perry said she has been working on her retirement plan for a long time and presented three binders containing details of ongoing projects and records.

“The last thing I want to do is put you in the lurch where you don’t have the documents with everything that I’ve been working on,” she said.

Perry said she will be leaving the city but if there is anything else that’s needed, she will be willing to provide it.

“We’re a small group, we work hard and 21 years, it’s hard to make sure everyone has everything,” she said. “I’m sorry and I thank you for everything.”

Perry then asked to be dismissed from the meeting.

“Thank you,” Chappie said as she left. “You will be missed.”

“We’ll be talking with Robert Lincoln as filling in as an interim at this point,” Chappie said. “See what his thoughts are. He’s already under contract and it would just be a matter of seeing if he’s willing to expand his scope of services. We’ve already talked to him a little bit.”

Perry retires as Bradenton Beach city attorney
Robert Lincoln will serve as the interim city attorney. – Joe Hendricks | Sun

Chappie said a special meeting would likely be called and the city would put out a Request for Proposal (RFP) for a permanent replacement.

“We’ll be doing that as quickly as possible,” he said. “That’s all I have to say on that.”

 

Bungalow Beach parking restrictions remain in effect

Bungalow Beach parking restrictions remain in effect

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

BRADENTON BEACH – Following a July 29 hearing of Luper Enterprises’ appeal of the city commission’s April 17 decision to prohibit resort fee-based parking at Bungalow Beach Resort, special master Marisa Powers ruled on Aug. 11 that she did not have jurisdiction to override the city commission’s quasi-judicial ruling.

“The special magistrate got it exactly right,” said attorney Robert Lincoln, who repre­sented the city at the hearing.

Luper’s attorney, John Anthony, wrote in an Aug. 12 email to The Sun: “Our client (Gayle Luper) wishes to express heartfelt gratitude to the Special Master for the care that went into her handling of the hearing and the rest of the process. However, we believe that the process has produced an error that requires further correction.

“When the federal and state governments have stepped up to help AMI and related coastal communities, the response of the city has been completely shocking,” Anthony wrote. “When so many businesses have found themselves underwater in multiple senses of the word, the City has pushed Ms. Luper underwater even further. This is not a reasonable decision for the City,” Anthony wrote. “The reconsideration order gives too much credit and deference to the City Commission for a decision like this one.”

At issue is the lot where the original older cottages at Bun­galow Beach Resort once stood. Hurricane Helene in 2024 destroyed those cottages and the lot was cleared of debris. Luper said she had been told by the city planner that a permit was not needed to use the lot for parking. On March 14, a portion of the parking lot was reopened for parking at a resort fee-based rate of $50 per car per day. City code enforcement told Luper that parking in the lot was a violation of city code and must cease. On March 16, Luper applied for a temporary parking permit.

At the April 17 quasi-judicial city commission hearing, the commission placed the follow­ing stipulations on the property:

  • Parking at the razed parcels (the lot where the bungalows were) is permitted for a period of one year or 30 days from the issuance of a building permit;
  • Only employees, agents and registered guests of the resort are allow to park at the razed parcels;
  • Parking at the razed parcels is limited to 17 parking spaces per TPLE (Transient Public Lodging Establishment) license;
  • No trailers, recreational vehicles, campers, or buses are allowed to park at the razed parcels and no tailgat­ing, overnight parking, or paid parking shall be conducted;
  • Only employees, agents, or registered guests of the resort are allowed to park at the razed parcels; and
  • Parking at the razed parcels is limited to 7 a.m. to 9 p.m. enforced by a towing service secured by Luper.

Luper Enterprises filed a lawsuit against the city of Bradenton Beach on April 25 and the city filed a request for dismissal of that lawsuit on May 21. The case remains open.

Bradenton Beach requests dismissal of Luper lawsuit

Bradenton Beach requests dismissal of Luper lawsuit

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

BRADENTON BEACH – The city of Bradenton Beach is asking for a dismissal of an April 25 lawsuit filed against the city by Bungalow Beach Resort owner Gayle Luper.

Attorney Robert Lincoln is representing the city and he filed the motion to dismiss on May 21.

In his motion, Lincoln stated: “Luper improperly seeks declaratory and injunctive relief to attack a quasi-judicial action and decision of the city commission approving her application for a temporary use permit to allow parking on her demolished resort property subject to conditions. Luper attacks both the city commission’s process and decision following its April 17 hearing. Luper alleges the city commission violated her due process rights and violated her parking rights.”

The motion states: “Luper’s sole remedy for attacking the city commission’s quasi-judicial decision is a petition for writ of certiorari (pursuant to state statute). This court may not grant either declaratory or injunctive relief and therefore must dismiss counts I and II with prejudice for lack of subject matter jurisdiction.”

According to the Florida Bar Association, “A petition for writ of certiorari is generally used to review quasi-judicial orders of county, municipal or state agencies that cannot be appealed to the district courts of appeal under the Administrative Procedure Act.”

In his motion, Lincoln stated: “The city commission must, and did, conduct a hearing to consider Luper’s application for a temporary use permit for the razed parcels. The city commission was required to, and did, apply the standards set forth (in the city’s land development code) to Luper’s application and the facts shown at the hearing. Defendant, city of Bradenton Beach, requests the court enter an order dismissing counts I and II and the entire action, with prejudice, for lack of subject matter jurisdiction.”

Hearing and Luper’s  lawsuit

The lawsuit complaint filed by Tampa-based Attorney John A. Anthony on April 25 names Luper Enterprises, Inc. and Coastal Sound Investments LLC as the plaintiffs and the city of Bradenton Beach as the defendant.

Luper’s lawsuit stemmed from a decision by the Bradenton Beach City Commission at an April 17 quasi-judicial public hearing to deny the use of the currently vacant resort property at 2000 Gulf Drive N. for paid parking using a resort pass.

Commissioners questioned the resort pass request for the beachfront bungalows that were destroyed during Hurricane Helene.

During the public hearing, Luper and her attorney, Stephanie Anthony, maintained that as a working resort, a resort pass, which includes parking and access to a private area of the beach, was appropriate because other Luper-owned properties affiliated with the multi-property resort remained operational following the hurricanes.

After a nearly 2.5-hour quasi-judicial hearing in which City Planner Luis Serna recommended denial of the application, city commissioners denied the paid public parking lot application but allowed a temporary use permit for Luper, resort guests and employees to use the lot no later than 9 p.m.

The city commission placed the following restrictions on the property:

  • Parking at the razed parcels (the lot where the bungalows were) is permitted for a period of one year or 30 days from the issuance of a building permit;
  • Parking at the razed parcels is limited to 17 parking spaces, per the city-issued Transient Public Lodging Establishment license;
  • No trailers, recreational vehicles, campers or buses are allowed to park at the razed parcels, and no tailgating, overnight parking or paid parking shall be conducted;
  • Only employees, agents or registered guests of the resort are allowed to park at the razed parcels;
  • Parking at the razed parcels is limited to 7 a.m. to 9 p.m. enforced by a towing service secured by Luper.

 Dispute timeline

Hurricane Helene destroyed many of 14 original Bungalow Beach cottages. The buildings were condemned and by Feb. 1 the razed parcels had been cleared of the demolition debris.

“At this time, Ms. Luper advised the city of her plan to reopen the razed parcels to continue parking in the manner that had been conducted by the resort for over 25 years,” Luper’s complaint states. “Ms. Luper was then advised by the city that she must file a parking permit in order to continue to charge a resort fee for parking.”

Bradenton Beach requests dismissal of Luper lawsuit
The Bradenton Beach City Commission denied Gayle Luper’s request to use her resort property for paid public parking. – Joe Hendricks | Sun

Luper applied online for the permit on Feb. 3 and said she spoke to Serna on Feb. 4 about the proposed plan to reopen the razed parcel for resort-fee parking to the public. She said Serna advised her that he saw no issues with the plan.

“The resort consists of three separate but interconnected areas. The razed parcels acquired in 1999, the duplex parcel (2103 Ave. C) acquired in 1999 and the single-family parcel (2108 Gulf Drive N.), acquired and incorporated into the resort in 2024.”

According to the complaint, the razed parcels have continuously supplied parking, including overflow parking, for operations at all the resort properties.

On March 14, a portion of the parking lot was reopened for parking at the rate of $50 per-car, per-day for 29 parking spaces.

“After parking approximately 14 cars on the morning of March 14, Evan Harbus, in his capacity with the Code Enforcement Division of the city, directed that all parking at the razed parcels cease immediately,” the lawsuit complaint states. “The city’s officials advised that any vehicles violating these instructions would be towed, including vehicles owned by the plaintiffs, vehicles of resort employees, its construction or maintenance-related crews, previous and potential guests and the paying public.”

On March 16, Luper submitted an application for temporary parking.

“The resort, properly permitted to conduct a defined and legitimate business, has never ceased operating even for a day and has continuously charged a resort fee of $50-$59, which included parking,” the complaint states. “The resort charging a resort fee to the public for parking and amenity use is a consistent and well-founded practice employed by several similar resorts in the region, frequently known as a ‘resort pass.’”

Related coverage:
Parking lot owner files lawsuit against city

Planning board supports Drift-In’s major development plan

Planning board supports Drift-In’s major development plan

Written by Joe Hendricks on . Posted in Business, Restaurants | Bars.

BRADENTON BEACH – The Drift-In’s hurricane recovery-related major development plan now has the support of the city’s Planning and Zoning Board members.

On April 2, board members Fred Bartizal, Bill Morrow, Ken McDonough and Dan Morhaus voted 4-0 to recom­mend city commission ap­proval of the Drift-In’s major development plan. Board member John Burns arrived after the vote occurred.

The Planning and Zoning Board made its recommenda­tion two days before the Drift-In reopened on April 4, as allowed by a temporary use permit the city commission approved on March 20. If approved by the city com­mission on Tuesday, April 8, the major development plan approval will bring the Drift-In’s permitting challenges to an end.

The issues

Drift-In owner Derek Williams and his attorney, Scott Rudacille, submitted the major development plan application in response to City Attorney Ricinda Perry’s January determination that some of the Drift-In’s post-hurricane improvements, including the construction of a larger tiki bar, required city commission approval rather than the administrative ap­proval given by then-building official Darin Cushing.

Planning board supports Drift-In’s major development plan
Drift-In owner Derek Williams and attorney Scott Rudacille addressed the Planning and Zoning Board. – Joe Hendricks | Sun

Cushing was later termi­nated and Perry later recused herself from representing the city in these permitting matters because Rudacille works for the Blalock Walters law firm in which Perry’s husband, Stephen, is a principal partner.

The permitting delays were also the result of a stop work order that West Manatee Fire Rescue Fire Marshal Rodney Kwiatkowski issued due to concerns about the flammabil­ity of the organic thatched roof materials originally placed atop the new tiki hut structure. The stop work order resulted in Williams replacing the organic tiki hut roof materials with more flame-retardant synthetic thatched roof materials and the stop work order was lifted.

Planning board supports Drift-In’s major development plan
The renovations and reopening preparations continued at the Drift-In while the planning board hearing took place. – Joe Hendricks | Sun

A long-existing sidewalk and landscaping easement that provides space for sidewalks and landscaping placed on a portion of the Drift-In property further complicated the post-hurricane permitting issues.

The solutions

In Perry’s place, attorney and land use expert Robert Lincoln is serving as special counsel to the planning board and the city commission and he has successfully guided the city and the bar owner through the emotionally-charged permitting challenges that appear headed for an amicable and mutually-beneficial solution.

Planning board supports Drift-In’s major development plan
Attorney Robert Lincoln played a crucial role in resolving the post-hurricane permitting issues. – Joe Hendricks | Sun

The planning board recom­mendation includes three stipulated conditions recom­mended by Lincoln designed to help resolve any remaining concerns with the Drift-In’s major development plan:

  • City commission approval of an amended sidewalk and landscape easement or partial release of the same for the portion of the easement area covered by the tiki hut;
  • The applicant (Drift-In) shall record a unity of title joining the lands as 120 and 122 Bridge St. prior to a certificate of occupancy being issued for the tiki bar; and
  • Development of the prop­erty shall be consistent with the major development plan.

The Drift-In property is currently divided into two parcels: the parking lot is one parcel and the primary bar building is located on another. The unity of title will combine both parcels into a single property for permitting purposes.

Rudacille said the amended easement to be granted to the city will wrap around the front of the bar building and around to the back side of the building that faces the Pines Trailer Park and eliminate the existing easement that currently extends into the tiki bar area – as it did with the smaller tiki bar that previously stood next to the Bridge Street sidewalk.

The Drift-In easement was one of many easements sought from Bridge Street property owners several years ago. Al­though discussed by the board members, Williams and Rudacille, Lincoln said the easement issues are not something to be reviewed by the planning board.

Board member Dan Morhaus asked Lincoln if the board could ask the city commission to consider standardizing the easements along the entirety of Bridge Street to avoid future conflicts. Lincoln said that’s something the city commission would have to initiate on its own.

Rudacille noted the previously exposed trash dumpster is now enclosed in a fenced area that obscures it from the Pines Trailer Park property and Wil­liams noted beverages will not be served through the new roll-up window that faces Bridge Street.

Related coverage

Drift-In reopening brings joy to many

Drift-In owners granted temporary use permit to reopen

Drift-In owners granted temporary use permit to reopen

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

BRADENTON BEACH – Six months after Hurricane Helene and subsequent permitting obstacles shuttered the doors to the Drift-In, the Bridge Street bar will reopen, at least temporarily pending city review, on Friday, April 4.

The city commission voted unanimously on March 20 to grant the Drift-In a temporary use permit allowing the use of the main building and new tiki bar pending the completion and inspection of remaining improvements.

In a narrative submitted to the city, property owner Derek Williams (1715 Ventures LLC) stated that the Drift-In property was damaged during last year’s hurricanes, and he has been diligently working to re-open and put his employees back to work.

“The tiki structure and tent area existing on site prior to the hurricanes were replaced with a single tiki structure and the property owner is in the process of seeking Major Develop­ment Plan approval for the permanent use of that structure,” according to the document. “The property owner is requesting that the city consider issuing a Temporary Use Permit so that the tiki area may be utilized in the meantime to allow this business to operate during this critical season.”

The proposed use would have the same number (60) and configuration of outdoor seats as existed on the site prior to the hurricanes.

Attorney, commissioner comments

Williams was represented by Bradenton attorney Mark Barnebey at the March 20 public hearing.

“This is a fairly simple request,” Barnebey said. “We’ve been moving forward with this project after the hurricane damaged the tiki hut and the tent that had been there previously. We requested a building permit that was approved to replace the damaged structures and then somewhere in the process it was determined that additional approvals were needed. This delayed things and we have gone through the process of seeking a major development plan approval for the permanent use of the structure.”

He said Derek and Helena Williams are anxious to get the establishment up and operating.

“This is very difficult for them and their employees and their customers,” Barnebey said. “We understand that this is something that would be temporary. We propose 180 days or until you make a final decision on the major development permit. We believe this will mitigate some of the costs to the client and we are respectfully requesting approval of the temporary use permit.”

“The seating is the same as under the tents. The tiki hut was there before and there were tents. All this does is put a tiki structure under the entire area that was covered before, there’s no increase in seating at all,” Barnebey said.

“If in granting the temporary use, if you want to condition it or limit it, that might be appropriate,” attorney Robert Lincoln, representing the city, told commissioners.

Drift-In owners granted temporary use permit to reopen
Attorney Robert Lincoln represented the city during the March 20 public hearing. – Joe Hendricks | Sun

Mayor John Chappie asked if the intent was to open not only the outdoor area, but also the indoor bar area.

“As early as an hour ago, Mr. Palmer (Building Official Bill Palmer) and I spoke, and I spoke to Mr. Serna (Luis Serna), your city planner,” Williams said. “I’m trying to get the final clarification on the permit for my walk-in cooler, to get that installed and am trying to do it the right way. Once that walk-in is in and the ice machines are there, I can open the inside of the building. The way the beer is delivered into the bar, it’s through the other bar. Once I get out of here today if you say yes and Mr. Palmer says yes, I have the people at the ready, I will get the installation completed and I will open the place safely.”

Williams said issues with the fire marshal have been resolved regarding the mate­rial used on the tiki hut roof.

“The short answer to that (Chappie’s question) is the intent of this request, while it only talks about outdoor seating, is to include all of the elements that are currently subject to building permitting, including the replacement bar under the tiki, the outdoor seating under the tiki and the ice machines under the tiki and to the extent that it is a zoning issue, a walk-in,” Lincoln said.

Palmer said he has received all of the proper permits from Williams and all that remains is inspections.

“As long as the inspections are approved, he’ll be good to go,” Palmer said.

Prior to the commission vote on the temporary use permit, Lincoln reminded the com­missioners that they would be approving it without the zoning report.

“The zoning report is going to be critical to the major development plan,”” Lincoln said. “If when you hear the application for the major development plan it is pos­sible there could be zoning criteria that the tiki doesn’t meet such that it could only be improved by a Planned Devel­opment approval and that is one potential scenario.”

The tiki hut project had been approved by former city Build­ing Official Darin Cushing, but was placed on hold when City Attorney Ricinda Perry said at a Jan. 16 commission meeting that the permit approval should not have been issued based on factors which included the city-owned easements on the property as well as the size of the new tiki structure. She said the project should be classified as a major development and must undergo the hearing process.

The Bradenton Beach Planning and Zoning board will consider the major development application on Wednesday, April 2 and the city commission will meet on Tuesday, April 8 to consider the major development ap­plication and easement modification.

Commissioner Jan Vosburgh said she is in favor of reopen­ing the Drift-In.

“The rules and the regula­tions they have to follow seem to be very easily overcome,” she said.

Commissioner Ralph Cole said he would like to see the Drift-In open up as soon as possible.

“I am excited that the Drift-In is going to be back bigger and better,” Commissioner Deborah Scaccianoce said.

Cole made the motion and it was seconded by Vosburgh.

The motion passed unani­mously and was followed by applause from the Drift-In employees and supporters who attended the hearing.

Dates set for hearings on Drift-In application

Dates set for hearings on Drift-In application

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

BRADENTON BEACH – The per­mitting process is moving forward for the reopening of the Drift-In with hearings scheduled within the next several weeks.

The city commission will consider a temporary use permit application at a Thursday, March 20 meeting that begins at noon at the Katie Pierola Commission Chambers, 107 Gulf Drive N.

The Planning and Zoning Board hearing originally scheduled for March 6 to consider a major devel­opment application for the Drift-In was continued at the applicant’s request. P&Z Chair Bill Morrow announced the date change to the next regularly scheduled meeting on Wednesday, April 2 at 1 p.m. for a public hearing to consider a major development for improvements at 120 Bridge St. placed over a public easement.

At the March 6 meeting, city hall was packed with Drift-In supporters who were prepared to speak during public comment. Attorney Robert Lincoln, representing the city, explained why comments by the public would not be allowed.

Dates set for hearings on Drift-In application
Attorney Robert Lincoln explained how the permitting process will move forward. – Joe Hendricks | Sun

“The application was on the agenda. It has been continued. So, taking comment on that would not be appropriate,” Lincoln said.

He spoke to The Sun following the meeting and explained two reasons for the continuance: “There was an issue that the applicant didn’t put the notice on the property,” he said. “The other aspect was the staff hasn’t had the chance to review the new materials and produce something for either the Planning and Zoning Board or the City Commission to consider. The applicant decided that the better thing to do with this hearing was to continue it.”

The city commission can’t act on the major development application without the planning board recom­mendation in hand, Lincoln said.

Dates set for hearings on Drift-In application
From left, Bradenton Beach Commissioners Jan Vosburgh and Ralph Cole, Mayor John Chappie, Commissioners Scott Bear and Deborah Scaccianoce and attorney Robert Lincoln discuss building issues. – Leslie Lake | Sun

“There will be a (commission) meeting tonight, but the hearing inside the meeting will be canceled,” he said, adding that public com­ment would be allowed at the city commission meeting on March 20, when an application for a temporary use permit will be considered by commissioners.

Public comment

More than 20 employees and patrons of the Drift-In spoke to commissioners at the March 6 evening meeting and urged the city to expedite the permitting process.

“People from all over the world love our wonderful place,” said Doreen Flynn, Drift-In manager for more than 25 years. “We’re losing a great deal of money every day.”

The Drift-In employees are strug­gling to pay their bills and put food on the table, Flynn said.

“I’m asking for help to get the Drift-In reopened, I’m asking for a temporary permit, so we can get back to work and make some money while you are figuring this situation and sorting it out,” Flynn said.

“There was an application for a temporary use permit. It was filed yesterday. The city commission needs to consider it, but it needs to be on a regularly agenda’d meeting,” Lincoln said. “It has to be on a published agenda that goes out to the public.

“The other aspect of the temporary use is that the building will still have to go through all their required build­ing and safety permitting,” Lincoln said. “To make sure that the city commission action is legal and cannot be attacked, it has to be noticed, newspaper notice requires 15 days in advance, mailed notice has to go out 30 days before the hearing. If that isn’t done, then the action isn’t valid.”

Scott Rudacille, attorney for Drift-In owners Derek and Helena Williams, said, “I think we do have a path forward now, so we look forward to presenting that temporary use permit on the 20th, and look forward to coming back and presenting the major development plan on the second and the eighth and hopefully we can get the Drift back up and running.”

The Tuesday, April 8 meeting is for the commission to consider a major development application.

Dates set for hearings on Drift-In application
City hall was packed with supporters of the reopening of the Drift-In at a March 6 Bradenton Beach Commission meeting. – Joe Hendricks | Sun

Mike McConnell, a musician who has played at the Drift-In for 13 years, said, “If there’s any way to get this temporary thing expedited quickly, please consider it. Derek is putting everything on the line for this. It’s not fair this keeps happening to him.”

“Many of these people here are my family,” Drift-In employee Kelly Flynn said. “We need to get the Drift open. It’s heartbreaking to watch one of the oldest buildings and bars in this city still not open, when everyone else is open. Do what you can to get it open.”

“We are a community that is tied together,” Sharon Bell said. “The Drift is an institution. It’s iconic. We’re not Bradenton Beach without it. This just feels mean, and the Drift is not mean, the Drift is love.”

Buzz Marconi said Drift-In provides an experience that’s hard to find anywhere else.

“It’s one of the top 10 quote dive bars in America,” Marconi said. “He (Williams) gives you some of the best music on the west coast of Florida. It’s not all about the Drift-In. He doesn’t serve food and they’ve got to eat somewhere. He’s not competing, he’s enhancing the other bars and restaurants. They all do better because of the Drift-In.”

Drift-In co-owner Helena Williams asked the commission if they would be able to make a motion to give them a temporary permit at the commission meeting

“I love our patrons and our employ­ees,” she said. “They are family, and they need to make money to survive.”

Dates set for hearings on Drift-In application
Attorney Scott Rudacille is representing Drift-In owner Derek Williams. – Joe Hendricks | Sun

Derek Williams questioned why the notice for the temporary use permit hadn’t been brought to their attention earlier.

“I was told by the other city attorney that she was handling the notice, and clearly it wasn’t handled properly,” he said. “It was more miscommunication. We want to do the right thing, and we want to follow the law, but the guid­ance did come from you all.”

Williams said all permits have been submitted, and he had to start the process from scratch.

“I had to get everything addressed that your employee told me I didn’t need to do,” Williams said. “I had to start the process over. I think we’re all working together now to do this the right way. There’s businesses open that aren’t following the rules that I do, and I’m following the rules but I’m the one being punished. The stress I have is all these people here. I feel responsible for them. I’m trying to help you help yourselves. Instead, I’m looked at like I’m an enemy of the state here and I go home every night and I get sick over it. Please help us.”

City response

“The issues that you’ve had in getting these permits are not unusual,” Lincoln said. “But it’s underway now.”

He responded to questions about issuing a temporary use permit at the March 6 meeting.

“Rules on agenda items are pretty strict, you’ve got to have 10 days’ notice and public posting to get a special use permit, it has to go through those regulatory processes, a special use permit would not get the bar open, building permits are needed to get coolers installed, the electrical finished and that’s got to go through the permitting process.”

He said the temporary use permit would take the place of the major development permit if there were any further delays in getting it.

The tiki hut construction at the Drift-In was approved by former Building Official Darin Cushing. The city said that the permit should not have been issued due to the tiki hut’s size and easement encroachment. The city required a major development hearing and the project has been placed on hold pending city review.

Cushing was suspended by the city on Jan. 22 and was subsequently terminat­ed from his position at city contractor M.T. Causley. Bill Palmer is now serving as the city’s building official.

Click here to view the archived video of the 90-minute Drift-In discussion.

Related coverage:

Public speaks out in favor of Drift-In reopening

Major development hearing required for Drift-In tiki