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Tag: Sarasota County

Mangrove jurisdiction differs by county

Written by Leslie Lake on . Posted in Environment, Featured, Outdoors.

ANNA MARIA – The outcome of the removal of 116 feet of mangroves to build a seawall at a Gull Drive home may have been different if the property had been located in Sarasota County instead of Manatee County.

A contractor removed some of the mangroves prior to receiving a federal permit, but had been granted an exemption from the state permit requirement by the Florida Department of Environmental Protection. After the U.S. Army Corps of Engineers granted the federal permit, the contractor removed the rest of the mangroves. No county permit was required.

“In Sarasota County, this wouldn’t happen” because the county has jurisdiction over mangroves under the 1996 Mangrove Trimming and Preservation Act. Suncoast Waterkeeper Executive Director Abbey Tyrna wrote in a March 7 email to The Sun. “If mangroves had to be removed to install a seawall, then mitigation would have had to take place.”

Under the act, “The department (FDEP) shall delegate its authority to regulate the trimming and alteration of mangroves to any local government that makes a written request for delegation.”

Sarasota is one of the few counties statewide, including Hillsborough, Pinellas, Miami-Dade and Broward, that have such authority.

Manatee County does not.

According to the act, most areas in which 5% or more of mangrove trees have been trimmed below 6 feet in height, destroyed, defoliated, or removed must be restored or mitigated.

“Restoration must be accomplished by replanting mangroves, in the same location and of the same species as each mangrove destroyed, defoliated, removed, or trimmed, to achieve within five years a canopy area equivalent to the area destroyed, removed, defoliated or trimmed,” according to the act.

The owner of the 111 Gull Drive property, Sharp Development, received a seawall exemption on Sept. 19, 2022 from the FDEP.

“There are multiple seawall exemptions in the Florida Administrative Code. One of the exemptions allows for construction of seawalls in artificially created waterways and within residential canal systems, which was the exemption used for the Gull Drive case,” FDEP spokesperson Brian Humphreys wrote in a Feb. 2 email to The Sun.

According to Florida law, a permit is not required for the construction of seawalls in artificially created waterways.

“The law is not protective of mangroves,” Tyrna said. “There’s no difference between mangroves on manmade canals versus on the natural waterways. Mangroves anywhere perform the same ecosystem services, including erosion control, water, cleanup, fish, habitat, etc.”

CONTRACTOR SPEAKS OUT

In a Dec. 18, 2023 email to The Sun from Anna Maria Mayor Dan Murphy, he wrote that a City of Anna Maria stop work order was placed on the property based on a neighbor’s complaints received earlier in December about mangrove removal. On Dec. 19, Murphy emailed The Sun identifying Mason Martin LLC as the contractor involved.

“How do you red tag something the city doesn’t govern? What did that paper really mean?” Contractor Frank Agnelli of Mason Martin said in a Feb. 27 telephone interview with The Sun.

FDEP inspectors conducted a site visit to the home on Dec. 22, 2023 and issued a report Jan. 11, 2024.

“DEP’s investigation has determined that the mangrove alteration/removal activities at this property are in compliance and within the footprint of their seawall exemption,” FDEP spokesperson Brian Humphreys wrote in a Jan. 11 email to The Sun.

However, the report said additional authorization was still required from the U.S. Army Corps of Engineers (USACE). The USACE permit was issued on Feb. 16.

“In a nutshell, the exemption from the FDEP was required to remove the mangroves, the Army Corps of Engineers permit was to fill in the area once the seawall is in place and the city issues the permit to build the seawall,” Agnelli said.

USACE did not respond to an email from The Sun requesting comment.

Agnelli said he had authorization from the proper authorities.

“I didn’t jump the gun to remove the mangroves, FDEP gave me an exemption,” he said. “I didn’t install the seawall without a permit.”

Agnelli said the mangroves at the property were not doing what they were supposed to do, and the area flooded during high tides.

“I’m 100% mangroves in Intracoastal waters,” Agnelli said. “They’re not needed in manmade canals. When this canal was built, it was dredged and the dirt was dumped on top of the mangroves.”

“The biggest impact of these differences is that the mangrove fringe is typically not as wide along manmade shorelines than natural ones,” Dr. Dave Tomasko, executive director of the Sarasota Bay Estuary Program, wrote in a March 7 email to The Sun.

Tomasko noted many benefits of mangroves including underwater hiding places for fish and crabs, attachment points for oysters and sponges that filter algae, mangrove forests that can filter out pollutants and shoreline protection.

“There are numerous benefits that mangroves provide – coastal resiliency to storms through flood and wind protection are chief among them. They are also the backbone of our fishing and tourist economy,” Tyrna wrote.

The home at 111 Gull Drive is under construction with a projected sale price of $6,195,000 according to the Sharp Development website.

“The current owner advertised that the new owner will be able to fish from the dock, but without habitat, there what fish are they going to catch? Are they relying on other homeowners to maintain their habitats so that this homeowner can fish? If everybody relies on someone else we will lose all mangrove habitat,” Tyrna wrote.

“If you live along the bay, why would you not want to have the wildlife value, water quality benefits and storm protection of mangroves?” Tomasko wrote. “If everyone removes their mangroves, or cuts them down to nubs, then you’ll likely have a better view of a more polluted bay – is that what you want?”

Castles in the Sand

Will you be a new Florida resident in the new year?

Written by Louise Bolger on . Posted in Business, Castles in the Sand.

The secret is out: Florida is one of the best states in the country to live in. We’ve got the weather, we’ve got the waterfront on three sides of the state, we don’t have a state income tax or a state inheritance tax and we do have great infrastructure and tons of new residential construction.

So, what’s not to like? Not much. But if you want to move your permanent residence to Florida or if you’re already here and want to become a permanent resident, there is a process.

While not required, it is recommended to file a Florida Declaration of Domicile. This document states that you are a Florida resident and you maintain a residence in the state and intend to make that your permanent home. This is especially important if you spend time in another state during the year as proof of your permanent residency in Florida. The form needs to be notarized and verified that it is recorded.

Next is to obtain a Florida driver’s license within 30 days. You may not maintain two different state licenses. To obtain a Florida driver’s license, U.S citizens must have a U.S. birth certificate, valid passport or passport card, social security card, and two documents showing proof of residential address. There are different criteria for immigrants and Canadians. Your out-of-state license will be taken from you at the time of application. Non-driver I.D. cards are also available.

Likewise, Florida insurance for your vehicle must be obtained from a Florida licensed agent and you must register your vehicle in Florida within 10 days of application. If you plan on voting, register in Florida and do not vote in your previous state. Opening a local bank account will also verify your intent to be a permanent Florida resident. If you own a home, apply for the Florida homestead exemption to save on property tax. Disabled veterans may be entitled to a further tax exemption.

People moving to Florida need to be sure they are cutting ties to their former state. It is not uncommon for states to check the number of days spent in your former state through toll records, credit card charges and local services used.

Now that you know how to start the new resident process, here’s why you should make the move. These are the November Manatee County sales statistics reported by the Realtor Association of Sarasota and Manatee and they represent the highest recorded median prices:

Single-family homes had a median sale price of $450,411, up 28.5% from last November, and the average single-family sale price was $593,109, up 28.1%. The median percent of original list price to sale price was 100%, up 1.6%, and the median time to contract was six days down 68.4%.

The condo median sale price was $300,000, up 26.4% from last year, and the average sale price was $342,508, up 29.2%. The median percent of original list price to sale price was 100%, up 3.4%, and the median time to contract was nine days, down 73.5%.

Closed sales are down for both single-family homes and condos because of the lack of inventory, with homes selling in a matter of hours. Too many buyers, too few properties.

There isn’t much else left to say. According to the president of the Realtor Association, Florida, and Sarasota and Manatee counties, in particular, continue to be the go-to destination for buyers around the country.

Welcome to Florida to those who are already here or are getting ready to make the move. Wishing everyone a Happy New Year and best wishes for a healthy and prosperous 2022.

State reviewing Longboat Key’s two-county status

State reviewing Longboat Key’s two-county status

Written by Joe Hendricks on . Posted in Community News, Longboat Key.

LONGBOAT KEY – Manatee County officials have been notified that a state agency is reviewing the possibility that the Town of Longboat Key may be designated as entirely in Sarasota County or Manatee County.

The northern portion of Longboat Key is currently in Manatee County and the southern portion is in Sarasota County.

On May 27, R. Philip Twogood, coordinator for the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA), sent written notification of the review to Manatee County Commission Chair Vanessa Baugh. County Administrator Scott Hopes was also copied on the one-page letter.

“At the direction of the Legislature, the Office of Program Policy Analysis and Government Accountability will examine administrative and fiscal factors related to placing the Town of Longboat Key in either Sarasota or Manatee county. We expect to begin this review immediately. To assure the least disruption to your agency, we would like to meet with you or your representative to discuss the procedures for this review. We will contact your office in the near future to establish an appropriate time and place for the meeting. Thank you for your cooperation,” Twogood’s letter states.

The current county designations result in some Longboat Key property owners paying property taxes to Manatee County and some paying taxes to Sarasota County. The county designations also determine where and how Longboat Key residents vote.

When contacted on Thursday, June 3, Longboat Key Town Manager Tom Harmer said the town was previously notified of the state review.

“We made a request to OPPAGA to review the circumstances around Longboat Key being in two counties. This was discussed with both Manatee and Sarasota counties and one of our legislative priorities was to ask OPPAGA to do an independent review of the challenges of being in two counties,” Harmer said.

State reviewing Longboat Key’s two-county status
Town Manager Tom Harmer awaits the results of the state agency’s study. – Town of Longboat Key | Submitted

“This has been a topic of discussion for a number of years – the challenges and differences with the property appraisers, the tax collectors, the supervisors of elections and the emergency management offices. There are also differences in how the two county governments are funded and what services they provide here. We’ve done our own review, but this would be an independent review,” Harmer said.

In 2018, the town commission held public hearings pertaining to the town’s two-county status. Harmer said no final conclusions were drawn from the 2018 hearings.

“We were just presenting the finding to both county commissions, so we had joint meetings with both Sarasota County and Manatee County. We looked at the differences and some of the challenges we face. One thing that did come out of those hearings was related to emergency management. Both counties agreed that we shouldn’t report to two different counties during an emergency, like a hurricane. The two sheriffs may have different curfews. The two counties may have different evacuations and reentry timings. We entered into a three-party agreement a little over a year ago that says during an active state of emergency we report through Sarasota County. This applied to the COVID pandemic too,” Harmer said.

“We’ve had discussions with Manatee County and looked for ways to partner with them financially. They agreed to partner with us on our beach renourishment project,” Harmer said.

Harmer provided The Sun with a copy of a March 2021 town presentation titled “Two Counties Challenges.” The presentation notes the total millage rate imposed on Manatee County property owners was 13.87 mills in 2020, compared to 11.7 mills for Sarasota County property owners.

“There’s been no discussion with the town commission on a preference. We’ve provided what we think is factual information to say here’s the difference in the millage rate, here’s the difference in services, here’s the difference in grant opportunities, school board funding and how working with the West Coast Inland Navigation District differs in both counties. The residents have not taken a vote and the commission has not taken a formal position on a particular county at this point,” Harmer said.

“This is really an act of the state Legislature. It’s the state Legislature that would approve it. That’s not something the town can do. Anything that we would do would be more of a non-binding straw ballot or survey. The state is the only one that can move county boundaries,” Harmer said.

Harmer was asked if the facts favor one county over the other.

“It’s a little bit of apples and oranges the way the counties are funded and how we interact with them. That’s why we want to present this to the state Legislature. We want to present the two different financial models for the counties and how it impacts us. We’re looking to the state for recommendations or options on how we address some of these concerns. Some of the concerns are about duplication, some are financial. We’re looking for the state to tell us what we can do and what we should do. Our residents may have different views, the counties may have different views, so why not go to the state and ask for a review of the circumstances and their thoughts on our options,” Harmer said.

“In their notice to us, they said they were moving forward immediately and wanted to complete the report in September. We appreciate them taking this on,” Harmer said.

According to Harmer, the current population of Longboat Key is approximately 7,200 residents.

Castles in the Sand

Cold month, hot market

Written by Louise Bolger on . Posted in Business, Castles in the Sand.

I have always found real estate to be a very exciting profession. What other job allows and encourages you to peek into people’s closets and check out their favorite shampoo? And right now, real estate professionals are super excited, as they should be – just look at these numbers.

There are few words to describe the Sarasota and Manatee housing market, but “sensational” is one of them. According to the Realtor Association of Sarasota and Manatee, closed sales increased year-over-year by 23.6% across the two-county market. So, let’s look at the Manatee County sales for January, also reported by the Realtor Association of Sarasota and Manatee.

Single-family closed sales in January were 25.6% higher than in January of last year. The median sales price was $370,000, up 12.3% (just to review, the median is the midpoint of sales; half the homes sold for more, half for less). Also, $370,000 is the highest median sales price for single-family homes recorded for Manatee County. The average sales price for single-family homes was $510,940, up 21.4% from last January.

The median time to contract single-family homes was 17 days, down from 41 days last year; this means that half the properties available were in contract in more than 17 days and half in less than 17 days. New listings are down 20.9% and the month’s supply of available properties was 1.1 months, down 67.6% from last year.

Condos closed 20.5% more this year than last. The median sales price was $231,000, up 10%, and the average sale price was $284,037 up 19.9%. For condos, the median time to contract was 40 days compared to 50 days last year, and new listings are down 35.8%, with a month’s supply of properties at 1.6 months, down 66%.

If you think Manatee County is getting too difficult to buy in, don’t think that Sarasota is much easier. Single-family home sales increased by 17.9% in Sarasota and condo sales increased by 32.6%. In Sarasota, the median price for single-family homes was $340,004, up 14.9%, and condo prices were up by 9.1% to $302,250. Essentially, whether you’re looking to buy in either Sarasota or Manatee counties, you’re in for a difficult process. The combined inventory including both property types in the two counties declined by 59.9%.

Alex Krumm, president of the Realtor Association of Sarasota and Manatee, had a couple of things to say about the market when the January numbers were released: “Our sales tend to be strong through fall and winter, but what we’re seeing right now is unprecedented. There are far more buyers than sellers, which reinforces the trend of rising prices and competition in our marketplace.”

He goes on: “Waiting to purchase is a mistake right now. Home prices are increasing at an incredible pace with no sign of slowing, and sellers can take advantage of a very favorable climate to fetch good prices and great terms.”

And to add another log on the real estate fire, the Mortgage Bankers Association anticipates home purchase originations will grow to a record level in 2021 and mortgage rates will stay historically low, generating an even more competitive real estate market.

Living on the edge waiting for properties to close can be stressful for real estate professionals in a normal real estate market, but what we’re experiencing now is far from normal. What is stressing out real estate brokers now is finding properties to sell.

I guess plumbers may have less financial stress and are also welcomed in people’s bathrooms, but where’s the excitement there? Stay safe.