BRADENTON BEACH – Due to audio difficulties at the April 3 city commission meeting, a Special Emergency City Commission meeting was held on April 8 to place into the record items previously discussed.
One of the topics that was revisited was a discussion of the former Pines Trailer Park parking lot at 201 First St. N. That parking lot was converted to paid public parking in January by the Pines owners.
Commissioners discussed the conversion and its non-conformity with the city’s Land Development Code, its historical use as a parking lot and whether the commercial lot created an increase in density and intensity as compared to its former use, and came to a consensus to invite parking lot owner Shawn Kaleta to speak at the next city commission meeting.
City Attorney Ricinda Perry had been asked by the commission to research the parking lot. She said the lot is zoned C-1 commercial, is within the overlay of Bridge Street and is part of the CRA district.
“This is important because it is the most intensive commercial area within the city of Bradenton Beach and the city commission has articulated over the course of the past couple years that they would encourage alternative parking options for parking within the CRA district and specifically within the C-1 zoning,” she said.
Perry said it is unclear as to whether standalone or commercial parking is allowed without a principal use or whether it can be an accessory use on its own. Prohibited uses are multi-level parking structures or facilities.
“When you look at the property issue you will see there is no building on the site, therefore it does not meet the definition of a parking facility or parking structure as a prohibited use under C-1,” she said.
Permitted uses in the zoning district include institutional, public, semi-public, libraries, community centers, public parks, playgrounds and recreational facilities. Additionally, Perry said planned development, professional offices, residential as well as retail stores and sales offices and service establishments as well as special permit uses may be allowed.
Perry raised the question as to whether or not there would be some type of non-conforming use which can be allowed by the city.
“That is going to have to be an interpretation by the commission,” she said. “I will say the commission looked at recreation uses previously and determined that parking can be associated with a recreational use and parking was permitted as standalone parking lots around the CRA district as temporary use permits.”
Perry showed a 1977 historical aerial photo of the parking lot which appeared to show vehicles parked on the site, and she also referenced a 1971 photo from the Florida Department of Transportation.
“The commission did agree that there was some form of parking, at least, going back to 1971,” Perry said. “The question then becomes whether or not the use itself has been enlarged, expanded, increased or intensified as of 2016. That increase would not be permitted, it’s an expansion of that use so you would have to compare that to what would have been allowed.”
The ordinance for the C-1 district was effective on March 9, 2016, Perry said. Any use prior to that date is a grandfathered, non-conforming use.
“If you can establish that there was a use on a property that exists and has not been abandoned, the city cannot interfere with that use if it meets the definition of a non-conforming use,” Perry said. “Often you hear interchangeably that a non-conforming use is a grandfathered right.”
Perry said it rests with the commission and code enforcement to determine if paid parking constitutes an enlargement, increase, expansion or intensity in use.
“I think it’s a logical conclusion the commercial is a higher density, higher intensity in uses. I think a paid parking lot is more intense than a non-paid parking lot that is specifically designated for one thing,” Mayor John Chappie. “I think we all want to try to get more information.”
“It’s also been brought to my attention that the Pines residents got parking passes to park in that lot when they moved there, so if they were given parking passes by Mr. Kaleta’s organization when they bought the trailer so they could park in that lot, they are agreeing that that parking lot is a Pines resident parking lot,” Commissioner Deborah Scaccianoce said.
Scaccianoce also questioned whether the current paid parking lot meets the city’s requirements for ADA compliance, width of lanes and ingress and egress.
“It’s being changed to invite the general public in, which to me, creates a whole different issue of rules and regulations,” Chappie said. “Others had to submit plans to meet the standards that are in our land development regulations.”
The commission had decided by consensus at the April 3 meeting to invite the property owner – Kaleta or a representative – to attend the next commission meeting.
“The consensus was by changing it to paid parking, we’re telling him that’s an increase,” Commissioner Scott Bear said. “We can’t do that without them first having their say.”
“If you’re going to make this kind of decision that impacts somebody’s property rights that you should invite that individual to attend that meeting so that their opinion can be heard,” Perry said.
The next city commission meeting is scheduled for Thursday, April 17 at noon in the Katie Pierola Commission Chambers, 107 Gulf Drive N.
BRADENTON BEACH – The Pines Trailer Park Homeowners Association has filed a lawsuit against park owners Pines Park Investors LLC asking in part for an injunction against the park closure and threatened evictions.
The lawsuit, filed in the 12th Judicial Circuit Court on March 28 by Sarasota-based attorney David J. Fredericks, claims that park owners failed to comply with state law, which rendered the park closure invalid. The suit also alleges that park owners failed to fulfill their obligations in good faith, did not maintain the park’s common areas and did not provide adequate parking in accordance with the city of Bradenton Beach Land Development Code.
Laundry and shower facilities are non-operational at the Pines Trailer Park as of March 29. – Leslie Lake | Sun
“This action arises as a result of defendant’s unlawful actions regarding its failure to maintain and repair the park common area amenities, its defective notice to the Association, and its illegal and unconscionable actions to illegally close the park and evict the mobile home owners,” according to the complaint.
The suit seeks declaratory and injunctive relief related to claims that exceed $50,000.
Pines HOA President Neil Lind said on March 29 that on his attorney’s advice, he could not comment on specifics of the suit, but he spoke on behalf of residents.
“We are pleased to have submitted and filed this lawsuit,” Lind said. “We are encouraged and optimistic about the future.”
Lind said the pending park closure and receipt of eviction notices have been stressful for residents.
“A number of people have had a number of negative health outcomes,” he said. “We have been through a lot in relation to what’s been going on. There have been many sleepless nights and I’m hoping a sense of calm might prevail for a while. It’s been a struggle.”
The 86-unit waterfront mobile home park sustained flooding during Hurricane Helene in September 2024. On Dec. 9, 83 of the 86 Pines Trailer Park homeowners were told by the former city building official that they could repair their hurricane-damaged mobile homes with the proper permits. On Jan. 4, however, the homeowners received notification from the park’s ownership, Pines Park Investors, that the park was being closed.
In December, 2024, the parking lot, which had been used for an annual fee by park residents who did not have available parking, was converted into a paid public parking lot.
Residents of Laverne Street in the Pines Trailer Park have no available parking at their units. The former Pines parking lot was converted to public paid parking in December. – Leslie Lake | Sun
In a Jan. 27 letter to the Pines Trailer Park HOA, park owners offered to sell the mobile home park to the residents for $75 million.
Pines Trailer Park homeowners received an email in February outlining terms for abandonment of their mobile homes and possible extension of their tenancy to Jan. 31, 2026. Those terms include transferring the ownership of mobile homes to Pines Park Investors.
A fallen tree and debris remain at the Pines Trailer Park. – Leslie Lake | Sun
On March 17, Pines Trailer Park residents who withheld lot rental payments due to what they said was the disrepair of the park were served with demand for payment notices taped to their doors and by certified mail. The notices required either immediately paying the full amounts of past due lot rental fees or vacating the premises within five days. Those notices were from Pines Park Investors LLC and the agent for the community, Fort Lauderdale-based The Urban Group.
The lawsuit claims that the defendant has a statutory obligation to act in good faith and fair dealing with the plaintiff when fulfilling its obligations under Chapter 723 of the Florida Statutes, which governs mobile home parks, including with the issuance of a Right to Purchase Notice and its intent to change land use.
“Defendant did not deal fairly with plaintiff or act in good faith when it provided plaintiff with its grossly exaggerated $75,000,000 asking price for the park. Defendant’s failure to deal fairly or act in good faith with plaintiff effectively rendered the Right to Purchase notice null and void,” the lawsuit alleges.
The lawsuit claims that the park was appraised as of March 5 at a value of $16.6 million, approximately 22% of the proposed $75 million asking price.
Pines Park Investors purchased the 2.78-acre waterfront mobile home property on Aug. 5, 2023 from The Jackson Partnership LLLP for $16.25 million.
The mortgage for that purchase contains a covenant and agreement by the defendant not to change, or make any application to change, the existing zoning classification or land use of the park prior to the maturity date as defined by the note, which is five years from the Aug. 25, 2023 date of purchase, or Aug. 23 2028, according to the lawsuit.
According to state statute, a mobile home park owner may evict a mobile home owner, tenant, or occupant if there is a change in land use.
An October 2024 letter to residents from Pines Park Investors LLC signed by manager Shawn Kaleta is attached to the complaint and reads in part that he “is fully committed to restoring Pines Trailer Park as quickly and efficiently as possible… Our priority is that you have a safe, comfortable home once again. We are here for you during this process and want to continuing operating Pines Trailer Park long-term as a home for you and your families.”
In meetings between ownership representatives and homeowners on Oct. 28 and 29, those representatives reportedly said that rents would not be charged while the park was not operational, according to the complaint.
“With the Right to Purchase notice, the defendant offered mobile homeowners, under the threat of eviction including for rents previously asserted not to be due from the mobile homeowners, the option to execute a one-sided agreement allowing them to continue the lease of their lot in exchange for the turnover title to their mobile homes, eliminating the protections of Chapter 723, Florida Statutes,” the lawsuit claims.
The park, excluding the parking lot, was offered for sale in the Right to Purchase notice.
The complaint states that in the city’s Land Development Code, the M-1 Mobile Home Park district zoning provides that each mobile home shall be assigned one parking space, and consequently that offer “was not in good faith and lacked fair dealing as the association would not be able to operate the park in compliance with the minimum parking requirements of the City of Bradenton Beach Land Development Code.”
The lawsuit states that common areas of the park remain in disrepair following the September hurricane.
Shower facilities are non-operational at the Pines Trailer Park as of March 29. – Leslie Lake | Sun
“On Sept. 26, 2024, the two shuffleboard courts, recreational hall, the recreational hall furnishing and fixtures, laundry facilities, office, and the dock running parallel to the seawall and associated boat mooring area and the fence separating the park from the abutting restaurant (common area improvements) were damaged by Hurricane Helene and have remained unrepaired and unusable as of the date of this lawsuit,” according to the complaint.
The lawsuit also alleges that numerous sewer line blockages and failures have occurred in the park and were remedied by mobile homeowners. Since November there has been no park manager as required by the park prospectus.
BRADENTON BEACH – Some Pines Trailer Park residents are questioning whether permits exist for a seawall cap built in 2024 at the park that they say may have acted as a dam during the 2024 hurricanes, exacerbating the flooding of mobile homes.
The Sun requested a copy of the permit for the seawall cap on March 13 and the Bradenton Beach permit clerk wrote in an email that she was unable to locate such a permit. The seawall cap is adjacent to another seawall cap reportedly owned by the city.
The Sun asked Bradenton attorney Louis Najmy, who represents Pines Park Investors LLC and its manager, Shawn Kaleta, the owners of the Pines Trailer Park, for a copy of the permit on March 14 and received the following response by text: “While I was not able to confirm if the current ownership did the cap, we’ve confirmed with the city that permits are not required for caps only especially for flood protection when matching neighboring caps,” he wrote.
The city of Bradenton Beach is unable to locate a permit for the installation of a seawall cap at the Pines Trailer Park in 2024. – Leslie Lake | Sun
However, Bradenton Beach Building Official Bill Palmer said a permit and inspection is required for a seawall cap.
“I cannot speak to this particular issue since I was not present at the time, but a permit and inspections are required for a seawall cap,” Palmer wrote in a March 17 email to The Sun. “Section 808 of the City’s Land Development Code regulates the repair and construction of seawalls.”
“We saw it being built around March last year,” Pines Park resident Joe Klingler said, adding that during the hurricanes last fall, water came up from the Gulf side and pooled at the seawall.
“Once it hit that filled up,” he said. “The damage was worse because of that – 100%. I’m a farmer. I built three lakes on my farm and there’s real strict rules. When you put a dam on a farm, you cannot put it against the water – it could come up into the neighbor’s property. This is the same thing. He built a dam knowing it was going to flood us.”
“Don’t get me wrong, we still would have had a flood, but we wouldn’t have had it hit the wall, stay and go higher and come back this way and sit here for four hours,” Klingler said. “That’s where you get the seepage and it’s more damage. When the water just comes up and goes away, we wouldn’t have even had to come up and replace our walls.”
He said the sea life that was once abundant beyond the seawall is no longer there.
“No matter what, they made a lake out of this place,” Klingler said. “We used to have manatees and fish at this wall, not anymore. The seagrass there is gone.”
Another Pines resident, who asked not to have his name used, said, “While proving motive in court is difficult, what’s undeniable is that this 200-foot illegal structure acted as a dam, significantly worsening the flooding.”
In his email, Palmer outlined the requirements of permits and inspections: “808.6. Permits. An application for a permit to construct a seawall shall be submitted for review, along with plans and specifications. Permits for construction or repair of a seawall shall not be also a permit to dredge, fill, and grade.
“808.8. Specifications – Caps. Caps shall be cast over tops of the sheet piles and shall be continuous. Caps shall be reinforced by horizontal bars not smaller than No. 4, and shall have a minimum of two (2) inches of concrete cover in all directions. Design, spacing, and reinforcing shall be provided according to the referenced standards for formed in place concrete. When forms and reinforcing bars are in place, the building official shall cause an inspection to be made before the concrete is poured.
“808.9. Tiebacks. Vertical sheet piling bulkheads shall have tiebacks every 12 feet, and the anchor block shall be a minimum of 12 feet from and at right angles to the bulkhead. Tiebacks shall be hot dipped galvanized at minimum and not less than ¾” thick. Backfill shall be placed after tiebacks and anchor blocks shall have been inspected and approved by the city.”
BRADENTON BEACH – Some Pines Trailer Park residents who withheld lot rental payments following last year’s hurricanes were served with demand for payment notices on March 17. The notices required either immediate payment of the full amounts of past due lot rental fees or vacating the premises within five days.
The notices, taped to the doors of mobile homes at the park and sent by certified mail, are from park ownership Pines Park Investors LLC and the Agent for Community, The Urban Group.
Demand for payment notices were taped to mobile homes at the Pines Trailer Park. – Leslie Lake | Sun
“You have failed to pay lot rental amount for the period through March 17, 2025 in the amount of ($…). The total amount due as of the date of this demand is ($…),” the notice states, with amounts due varying by unit.
“Demand is hereby made that you pay the total lot rental amount now due, or deliver possession of the premises to the undersigned within five days from the date of delivery of this notice (allowing five days from the postmark date, excluding Saturday, Sunday and legal holidays). If the total lot rental amount now due is not paid on or before April 1, 2025, your lease agreement is terminated and you must immediately vacate the premises.”
The letter states that if lot rental payment is not made and premises are not vacated, an eviction action will be taken, and the recipient may be liable for court costs and attorney’s fees. The letter also states that late charges and delinquency fees will also be due.
The letter closes with: “Please govern yourself accordingly.”
On Dec. 9, 83 of the 86 Pines Trailer Park homeowners received notice from the city that they could repair their hurricane-damaged mobile homes with the proper permits. On Jan. 4, however, the homeowners received notification from the park’s ownership that the park was being closed: “As a direct result of the community-wide damage dealt by hurricanes Helene & Milton, coupled with non-payment of lot rent, Pines Trailer Park is no longer sustainable as a trailer park and must be closed, with an official park closure date of July 31, 2025.”
In a Jan. 27 letter to the Pines Trailer Park Homeowners Association (HOA), Pines Park Investors LLC offered to sell the mobile home park to the residents for $75 million.
On Aug. 5, 2023, Pines Park Investors, LLC purchased the 2.78-acre waterfront mobile home property from The Jackson Partnership LLLP for $16.25 million.
Pines Trailer Park homeowners received an email in February outlining terms for abandonment of their mobile homes and possible extension of their tenancy to Jan. 31, 2026. Those terms include transferring the ownership of their mobile homes to Pines Park Investors LLC.
Resident defends nonpayment
Pines residents have contended that they withheld lot rent payments due to the disrepair of the park following the hurricanes and lack of amenities that are included in the lot fees.
“Nothing has been repaired. The clubhouse is a mess, there is no laundry facility or showers,” said one Pines resident who asked not to be named. “After the hurricanes we cleaned the park up ourselves and many people paid for their own dumpsters.”
The parking lot for nearly half of the Pines residents was converted to paid parking in December.
Developer Shawn Kaleta is the manager of Pines Park Investors LLC.
“If he (Kaleta) had come here even once after the hurricanes and shown some caring and taken care of the damage here, everyone would have been paying their rent,” the resident said.
That resident, who has lived at the park for more than 30 years, is packing up their belongings from the mobile home.
“I’m not a snowbird. I’m not a tourist,” the resident said. “This was my home.”
BRADENTON BEACH – Pines residents asked the city on Feb. 20 to deny any future land use or zoning change requests for the Pines Trailer Park by Pines Park Investors LLC or its manager, Shawn Kaleta.
Mayor John Chappie told The Sun that no such requests had yet been submitted, but City Attorney Ricinda Perry said at a Jan. 16 Community Redevelopment Agency (CRA) meeting that the property owner had confirmed the planned redevelopment of the parcel.
“I can tell you preliminarily it’s looking like some type of mixed-development that’s going to salvage as much of the character that’s there,” she said, adding that a rezoning would be necessary.
The Pines Trailer Park is currently zoned M-1, and according to the city’s Land Development Code, permitted uses are single-family mobile home units, manufactured homes, park trailers, preservation uses and conservation uses.
“Why is the city attorney talking to the CRA and media about redevelopment plans for the Pines?” Pines homeowner Elayne Armaniaco asked during public comment. “How is that her role? Why such a personal interest for her? Are you looking into the allegations that the city attorney is seen out socially and driving around with the largest land developer on the Island or the rumors that she lives in one of his properties? Why does it feel like she works for him or at the least they have a strong friendship? The conflict is so blatant.”
Victor Armaniaco asked the commission to deny any zone change requests.
“We elected all of you to protect us from an unfair treatment. You all have the power to maintain the current M-1 zoning and protect the charm and old Florida character of Bradenton Beach as well as our homes and investments,” he said. “What hardships does the LLC have that they should be granted a zone change? Over 96% of the units were allowed to rebuild without elevating and would rebuild if they knew the park would stay for long-term existence with generations to come. The LLC purchased a mobile home park so their desire to build something else on that property is a self-created hardship. Did you get elected in part to protect the character of Bradenton Beach? If you make it easier for a developer to change the zoning in unpopular ways, you are not doing your job.”
“The average home in the Pines Park is worth about $150,000 prior to the hurricane,” Pines homeowner John Shore said. “If I take that average of $150,000 times 86 trailers that’s approximately $13 million in value. They could be worth that amount again if they were allowed to rebuild.”
“There are 21 single women trailer owners, most of whom are on fixed income,” he said. “I have $165,000 in my trailer. As you know Pines Park Investors and Shawn Kaleta evicted us as of July 31. That means collectively the 86 trailer owners have lost $13 million. I’m 83 years old and that $165,000 loss really hurts.”
“In the past commission meetings, you said you wanted to help Pines Trailer Park in any way you could,” he said. “Well, there is a way. I ask that you deny any land use changes or zoning changes requested by Pines Park Investors and Shawn Kaleta and therefore force them to keep the trailer park for 3 1/2 years as a trailer park per Kaleta’s contract with the previous owners. If you approve their land use changes and zoning changes in the future you basically will be taking $13 million from 86 people.”
“I’ve been coming to this Island for 54 years,” Mary Moxx said. “I feel we have been disrespected at Pines. I’m a senior and have limited funds to continue. You want the zoning to change. Why? Ricinda, you remember the old ladies that found you crying on the steps of your gazebo after you told us we were condemned? We consoled you. You have not consoled us.”
“I’m hoping you understand that pain your residents are going through here,” Pines homeowner Sandy Seaver said. “Our eviction notice that we received a few weeks ago started with ‘due to a land use change, you are evicted.’ Was the letter from Mr. Kaleta incorrect? When I saw that my feeling was how can they do that without a public meeting?
“We really just want an honest, caring city government who puts its residents first, no playing games, no bending to money, transparency,” Seaver said. “We are the throwaways on the Island. We have been through hell. We feel that the fox is in the hen house. We ask that you put yourself in our shoes and allow us to move forward and show us some support. We’re fighting many battles in that park and we shouldn’t have to be fighting with you guys, too.”
Mayor responds
Following the close of public comment, Mayor John Chappie said, “Not a thing has been presented to this commission to change the zoning at the Pines. Nothing, whatsoever.”
“If something is presented to us, it would have to go through the whole process,” Chappie said. “There is not a single person up here that has said we want to get rid of the Pines.”
“I did make the comment to you Elayne (Armaniaco) that it does make a difference between a co-op and privately owned by an LLC,” he said. “It does make a difference when you’re looking at the legalities. I did not in any way, shape or form say I wanted to get rid of the Pines. I said just the opposite.”
He called the Pines Trailer Park a key part of the history of Bradenton Beach.
“We’re not the enemy up here, I swear to you,” Chappie said. “I pray on this every night. We want to keep the community quaint and lovely. It’s our home. It’s our neighbors. Is it going to be the same? No, it’s not because we had these two storms – these two major disasters. It breaks my heart.”
On Sept. 26, Hurricane Helene swamped mobile homes at the 86-unit waterfront trailer park. Former City Building Official Darin Cushing said in October that FEMA guidelines characterized the water intrusion as major damage but in December reversed that, following interior inspections, and allowed 83 of the 86 mobile homeowners the ability to repair their mobile homes.
On Jan. 4, mobile homeowners received notification from park owners Pines Park Investors LLC that the park was being closed. Homeowners found eviction notices taped to their doors on Jan. 24, notifying them of a July 31 deadline to vacate the park. Developer Shawn Kaleta is the manager of the LLC.
In a Jan. 27 letter to the Pines Trailer Park Homeowners Association (HOA), Pines Park Investors LLC offered to sell the mobile home park to the residents for $75 million.
Commissioners said they support the continued existence of the Pines, but don’t have the authority to interfere with private ownership of the park.
“My family has been on this Island for 45 years and I thought the Pines Trailer Park was the most adorable little trailer park and had so much character and it does break our heart,” Commission Deborah Scaccianoce said. “If there really was a way to stop an LLC and a private owner, we would.”
“As far as the Pines, I’ve responded to emails to several of the owners stating, I’d love to help you, but I don’t as a member of this commission have a legal right to interfere between an LLC and a property owner,” Commissioner Scott Bear said. “I wish I did. I don’t want to see a zoning change. I don’t want to see anything happen to the Pines. We’ll deal with that if it ever comes to this board. It has never been brought here.”
BRADENTON BEACH – Former city Building Official Darin Cushing alleges that he saw the city attorney and a well-known developer drive around the city together looking for hurricane-damaged structures and properties after Hurricanes Helene and Milton struck Anna Maria Island last year and pressured him to condemn them.
He also alleges the city attorney, mayor and police chief threatened his employment status on several occasions for not complying with permitting and inspection requests made by the developer.
Cushing made his public allegations during a town hall meeting that District 3 County Commissioner Tal Siddique held at the Island Branch Library on Feb. 13. During the meeting, Cushing handed Siddique a four-page letter that expands upon the allegations he made during the town hall meeting.
Siddique provided The Sun a copy of Cushing’s letter on Feb. 15. The next day, Cushing confirmed by email that his town hall comments and his letter pertained to Mayor John Chappie, City Attorney Ricinda Perry and Police Chief John Cosby. He did not name the developer.
“Based on this person’s track record of retaliation and lawsuits, I am hesitant to spell out a name. Regardless, no matter who the developer is, I was asked and even threatened with my job, to engage in unethical practice, which I refused to do,” he wrote The Sun in an email on Sunday.
Toward the end of his letter, Cushing wrote, “There is so much more I could tell you about the goings on, where there have been dealings with this developer and the city attorney and the mayor and many people can corroborate them. Including eyewitness accounts of the attorney and the developer driving through town following the storms, picking out houses and the developer asking me to condemn them; stating that he was told by the attorney that if we hurried up, the city was going to get the houses demolished and hauled away using FEMA dollars. I refused and only condemned properties that were either completely destroyed or in damage of collapse. Every time I refused to do his bidding, I was questioned by one of the three city staff about it, always with pressure being put upon me to just do it.”
Contrary to his statement about only condemning properties that were either destroyed or in danger of collapse, Cushing did issue a condemnation order to Tennessee resident and “Love Shack” cottage owner Dan Ibach on Oct. 31.
Unlike the neighboring cottage that was completely destroyed by Hurricane Helene, Ibach’s cottage suffered no structural damage and had already been boarded up and sealed off by the time Cushing issued the condemnation order.
According to Ibach, he then received a call from Perry, who said the city could likely assist with his demolition costs. Ibach told Perry his cottage was not condemnable and would not be demolished. He contacted his attorney and the condemnation order was soon lifted. Ibach’s beachfront property is located next to Shawn Kaleta’s Seabreeze at Anna Maria Inn property.
Gash Caudill also staved off the city’s condemnation of the duplex on Gulf Drive North he shares with his mother.
At the city’s request, Cushing was recently suspended, due in part to a hurricane restoration-related permitting dispute between the city and Drift-In bar owner Derek Williams; and due in part to Facebook comments Cushing made in defense of his administrative decision to issue Williams’ permits without city commission approval. Cushing was later terminated by the SAFEbuilt/M.T. Causley development services firm that has provided Bradenton Beach’s contracted building officials for nearly two decades.
Town hall comments
The town hall discussion about Bradenton Beach began with Williams commenting on the delays he’s encountered trying to repair, renovate and reopen the Drift-In.
Drift-In owner Derek Williams shared his concerns during the town hall meeting. – Joe Hendricks | Sun
“I have a permit. The building official (Cushing) that worked on my project is sitting in this room. I worked with him, the city planner, the code enforcement folks. I went through every step and all I’ve gotten is government overreach, private property issues. I tried to follow every letter of the law.
“It’s definitely a land grab. Somebody needs to step up and say that’s wrong. All the way along, this is a back-to-back disaster. This is third-world stuff and it needs to be addressed as the highest level. It’s absolutely a tragedy. It is a clown car show but it’s hurting real people,” Williams said.
Speaking next, Cushing said, “I’m the person who issued Derek’s permit. It was done properly. It was done correctly and it was done by the book.”
He then referenced the letter he later handed to Siddique and said he would hit the high points rather than read the entire letter aloud. He noted he’s been a licensed building official for 25 years and a certified floodplain manager for longer than that.
“I’ve been there since December of 2023. There has been constant, constant threats to me,” he said. “I know what I’m doing. We were getting things done, we were moving forward, we were doing things the right way. But every time that I didn’t do that for a particular developer – and you all know who I’m talking about – I was threatened. I was threatened by the mayor, the attorney and the police chief: ‘Do we just need to get another building official. Why won’t you do this for him?’ Things that were illegal,” Cushing said.
“I have a code of ethics I have to follow and I don’t want to lose that license. That’s my livelihood. I lost my job now and the company I worked for fired me too because I retaliated about the things that were being said about me – slanderous things they said about me and those things are not true. There’s dirty stuff going on in that city and somebody needs to look into it,” Cushing said.
“Our state statute says that I, the building official for that jurisdiction, will perform the duties under my responsibility without interference from any person. Not the mayor, not the city attorney, not anybody,” Cushing said.
County Commissioner Tal Siddique received a letter from Darin Cushing. – Joe Hendricks | Sun
Siddique said he’s been following The Sun’s reporting on the Drift-In permitting issues and other concerns being reported in Bradenton Beach.
“I have not been able to get in contact with anyone from Bradenton Beach. I have not had one phone call back from Bradenton Beach since November. I left a voicemail this morning. I have no idea what the hell’s going on,” Siddique said.
Cushing said he recently interviewed for a position with Manatee County but he fears the “slanderous things” said about him may impact his ability to get a job.
Cushing’s letter
Regarding the start of his tenure in Bradenton Beach, Cushing wrote, “A certain developer, whom I’d known from my time as building official of Longboat Key, began asking me to issue permits that had been placed on hold for various reasons by the previous building official (Steve Gilbert). I reviewed the permits and told the applicant what needed to be done in order for the permits to be released.
“Several times over the next few months, I would get questioned by the city attorney, the mayor and several times by the police chief about what was holding this developer’s permits up. Each time, I would explain what needed to be done, but at the same time felt pressured to just give him his permits.”
Marina
Cushing’s letter addresses the stop-work order he issued to the owner of the Bradenton Beach Marina, developer Shawn Kaleta, when a new bar opened there.
“It had been built and the opening announced with no permits for construction, nor did they have a liquor license. Within hours, the developer called me and said, ‘I talked to the city attorney and the mayor and they’re all good with it.’ ”
According to his letter, Cushing told the developer this was not the attorney or mayor’s decision to make and he would still need to obtain all the needed permits and inspections before the stop-work order was lifted.
Pines
Regarding the hurricane-damaged Pines Trailer Park (owned by Kaleta and investment partners), Cushing wrote, “Following the hurricanes, I was immediately asked for the damage assessment status of the Pines by the developer. He also asked me if I would go ahead and condemn the whole park. I responded that I could not do that and that a proper damage assessment needed to be done.”
His letter notes it was later determined that only a few mobile homes needed to be condemned and the rest could be rehabilitated.
“I was asked no less than 10 times, by either the developer, the attorney, the mayor or the police chief, if I was going to write to the Pines (mobile home) owners and tell them they were done.”
Regarding the Drift-In permitting issues, Cushing acknowledges he erred in not routing the tiki bar permit to the fire marshal for an initial review of the tiki structure and its roof materials.
Cushing’s letter says the city received approximately 10 change of contractor forms from “said developer” a few days before he was suspended. According to Cushing, he told the developer he would not issue the change of contractor permits until all needed documents were correctly completed.
“Two days later, in a senior staff meeting, I was essentially threatened by all of the senior staff – attorney, mayor and police chief – that I needed to release those permits to him; or again, ‘maybe we need to get a different building official,’ ” Cushing states in his letter.
Mayor John Chappie and City Attorney Ricinda Perry are alluded to in Darin Cushing’s four-page letter. – Joe Hendricks | Sun
Regarding the city attorney and a developer driving around town looking for properties to condemn, Cushing told The Sun on Sunday, “I personally witnessed them driving around together and other people (residents and city employees) visibly witnessed this happening on multiple occasions following the storms. Several owners told me verbally that this had happened to them.”
No response from city
On Feb. 14, The Sun asked Chappie if he wanted to comment on the town hall allegations Cushing made about being threatened by the mayor, city attorney and police chief. Chappie said he had no comment.
On Feb. 15, The Sun sent Cosby a text message containing a link to the town hall meeting video and seeking his comments on Cushing’s allegations. Cosby did not respond.
On Feb. 16, The Sun sent an email to Chappie, Perry and Cosby seeking their comments on these allegations. The email included a link to the archived town hall meeting video and a copy of Cushing’s letter. As of press time, The Sun had not received a response from the city.
The archived video of the town hall meeting can be viewed on YouTube by searching for “Tal Siddique Town Hall @ Island Branch Library.” The Bradenton Beach discussion begins at the 22-minute mark and continues to the 40-minute mark. The letter can be viewed in its entirety below.
(Sun reporter Leslie Lake contributed to this story)
Cushing Letter – Page 1Cushing Letter – Page 2Cushing Letter – Page 3Cushing Letter – Page 4
BRADENTON BEACH – Bradenton resident Rhea (Ashley) Chiles has dissolved the short-lived Together as Bradenton Beach Inc. not-for-profit corporation she formed in November with Bradenton Beach City Attorney Ricinda Perry and developer Shawn Kaleta to provide hurricane relief.
Chiles, the daughter of Anna Maria Island businessman Ed Chiles, filed the articles of incorporation with the Florida Division of Corporations on Nov. 22. After having second thoughts about her involvement in the corporation, she filed the articles of dissolution on Feb. 3.
The articles of incorporation list Chiles as the incorporator and registered agent of the 501(c)(3) organization and Perry and Kaleta as officers and/or directors, with a South Carolina address listed for Perry and a Holmes Beach address listed for Kaleta.
Formed after hurricanes Helene and Milton struck Anna Maria Island, the articles of incorporation include this statement: “The specific purpose for which this corporation is organized is to establish a foundation that benefits our local community in times of need, support local businesses and families and encourage community engagement and participation.”
When contacted by The Sun on Dec. 4, Chiles said she had decided to dissolve the corporation. When contacted on Jan. 6 regarding the corporation still being listed as active, Chiles said she tried to dissolve it and would follow up on those efforts. On Jan. 25, Chiles said she tried but was unable to speak to someone at the Florida Division of Corporations by phone. On Feb. 3, she successfully filed the articles of dissolution form provided at the SunBiz.org website and Together as Bradenton Beach Inc. is now listed as inactive.
On Feb. 2, the still-active articles of incorporation were displayed in a satirical animated video titled, “Who Wants to Be A Millionaire?” Featuring the likenesses of Perry, Kaleta and Mayor John Chappie, the production is critical of some post-hurricane development and land acquisition activities in Bradenton Beach.
The video was posted on Facebook under the “Kevin-Kyle Kaczyinski Von Oswold” pseudonym and at the TheRealKVO.com website, both of which are referenced in a civil lawsuit filed by former Manatee County Commissioner Kevin Van Ostenbridge and campaign consultant Anthony Pedicini.
The lawsuit alleges the unauthorized publication and commercial use of Van Ostenbridge’s and Pedicini’s names and likenesses and names Hawke Cates, Bradenton Times Publisher Joe McClash and unknown “Doe Defendants” as defendants.
Chiles statement
On Feb. 4, Chiles provided The Sun with a written statement that said, “On Nov. 22, I was invited by a mutual friend to Ricinda’s rental on 11th Street South in Bradenton Beach to discuss the annual Christmas on Bridge Street event. She asked if I would be willing to help co-chair the event as she was so overwhelmed, as were the Bridge Street merchants who were dealing with so much. I know this event to be a favorite of the community and was happy to offer any assistance I could. At some point, the creation of an LLC was discussed. While I am not experienced, I offered to help look into and begin the filing process as I had the spare time. I have never created an LLC. While it was initially filed, it never received financial contributions of any kind. I also realized I was way over my head with the scope of what creating an LLC would take.”
Chiles confirmed in a text message that her Nov. 22 meeting with Perry occurred at 112 11th St. S. According to Bradenton Beach City Treasurer Shayne Thompson, that residential property holds a city-issued transient public lodging establishment (vacation rental) license issued to BB Bayfront LLC and attorney Louis Najmy.
According to the Manatee County Property Appraiser’s Office, that property and structure are owned by BB Bayfront LLC. According to the Florida Division of Corporations, BB Bayfront LLC lists Najmy as the corporation’s registered agent and Kaleta as its manager.
In her statement, Chiles said, “After that evening, I immediately started reaching out to business owners and community members and it became very clear to me that Bradenton Beach was just not ready for an event of this kind. So many people were still displaced; so many businesses were still rebuilding. I did not feel it would bring the community the unity and joy the event was intended to provide, nor would it be very successful. I voiced my concerns to Ricinda. She wanted to proceed and I removed myself from any involvement in the event and did not personally attend. At that point, I began the dissolution process for the LLC. I was told by SunBiz (Florida Division of Corporations) it had been dissolved. It was later brought to my attention it was in fact still active, so I resubmitted everything.”
Perry response
On Dec. 4, The Sun sent an email to Perry regarding the formation and intent of Together as Bradenton Beach Inc. Mayor John Chappie was copied on that email.
Later that day, The Sun received an email from Perry that said, in part, “I don’t believe the charity is moving forward. I was out of town for Thanksgiving and didn’t know the non-profit was named. Ashley then took the steps to secure the name with SunBiz and I gave her my credit card to set up the name.”
Perry stated the corporation could potentially be used to accept donations at the city-sponsored Christmas on Bridge Street event and the funds raised could potentially be distributed to Bradenton Beach residents, community members and organizations in need of post-hurricane assistance.
“The involvement of Shawn (Kaleta) was that he wanted to make a contribution to a charity and had other people interested,” Perry stated.
She noted Kaleta wanted to donate to a charity specifically focused on Bradenton Beach.
Regarding any potential conflicts of interest created by the city attorney and a prominent Bradenton Beach developer serving as officers/ directors for the same not-for-profit corporation, Perry stated, “I didn’t see a conflict because all I thought I would do was help her (Chiles) get a charity initiated and off the ground and I would donate to it. Just because I was named in a document that someone else created and I never saw, and was dissolved within a week once she realized I had another charity (for Christmas on Bridge Street), doesn’t mean I was on a board or participated in any meetings on a non-profit with Ashley or Shawn.”
MANATEE COUNTY – Anna Maria Island once again has an elected city official serving on the Manatee County Tourist Development Council (TDC).
The last elected Island official to sit on the TDC was former Anna Maria Commissioner Doug Copeland, who helped secure TDC-supported funds for the construction of the new City Pier completed in 2020.
On Jan. 28, Manatee County Commissioners appointed Holmes Beach Commission Chair Dan Diggins to fill the elected official’s seat recently vacated by former Palmetto Mayor Shirley Groover Bryant.
County commissioners appointed Palmetto Marriott Resort & Spa Managing Director and minority owner Anthony “Tony” DeRusso to fill the hotelier’s seat recently vacated by Anna Maria Island businessman Ed Chiles.
Palmetto Marriott Resort Managing Director Tony DeRusso has a seat on the TDC. – Joe Hendricks | Sun
Diggins, Palmetto Mayor Dan West and Longboat Key Town Commissioner Debra Williams sought the vacant elected official’s seat. DeRusso, Anna Maria Island developer and hotel owner Shawn Kaleta, Wagner Realty rental property manager Lisa Varano and Realtor/Short Term Florida Rentals LLC owner Damien Hernandez sought the vacant hotelier’s seat.
Serving as an advisory board to the county commission, TDC members make non-binding recommendations regarding the proposed tourism-related expenditures of the revenues generated by the county’s 6% tourist development tax. The tax applies to all lodging stays of six months or less in Manatee County and last year it generated approximately $30 million in tax revenues. Per state law, tourist development tax revenues can only be spent on projects and initiatives that promote or enhance tourism.
The appointments
Having received the TDC candidates’ applications before Tuesday’s meeting, District 3 County Commissioner Tal Siddique nominated Diggins to fill the elected official’s seat and District 6 at-large Commissioner Jason Bearden nominated West. Before the vote occurred, County Commission Chair George Kruse said he previously reached out to West to explain his support for Diggins.
“The islands (Anna Maria Island and Longboat Key) have not had an elected official representative on the TDC during my time on the board,” Kruse said. “They have not been given fair representation considering the disproportionate amount of capital and funds they contribute. I talked to Dan West and he understood.”
Kruse noted that Eric Cairns also sits on the TDC. Cairns manages the Cedar Cove Resort in Holmes Beach.
Commissioner Amanda Ballard expressed similar support for Diggins.
“For much the same reason, I will be backing Dan Diggins. I don’t want all these north county people represented with no representation from the islands when they provide so much in the way of our tourist economy,” she said.
The commission voted 5-2 in favor of Diggins, with Bearden and Mike Rahm supporting West.
Diggins’ TDC term will expire in June 2028.
Bradenton Area Convention and Visitors Bureau Executive Director Elliott Falcione said he would reach out to West and Williams.
“If they have interest in tourism, we want them to be part of our dialogue,” he said.
Falcione said the hotelier appointee would fill the TDC seat that Chiles held for more than 25 years, but would only do so until June, when all four current hotelier terms expire and become open for reappointment or appointment.
Bearden nominated DeRusso and with no further discussion or additional nominees, the commission voted 7-0 in favor of DeRusso’s appointment. Kaleta did not attend the meeting and no meeting attendees offered public input on any of the applicants.
Appointee’s insights
Diggins attended the morning session of the county meeting but left before the TDC appointments were made late that afternoon.
The following day, he said, “I think it’s an asset for an elected official from the Island to be on the council because the Island contributes as much tourist tax revenues as the rest of the county combined. I have a very good relationship with Elliott and I really appreciate the trust the county commission has in me. I’ll do a good job representing the Island and the county. My first meeting will be Feb. 24 at Bradenton city hall.”
Tourist tax revenues were used to launch the county-contracted Gulf Islands Ferry service and the tourist tax revenues subsidize that ongoing public transportation operation. Diggins supports having a ferry stop in Holmes Beach and sitting on the TDC might increase the odds of that happening.
“We live on an Island. It makes sense. The two current boats are starter vessels and they’re getting a third boat built that’s enclosed and designed for the waters, currents, winds and weather we have out here. Elliott and I have talked about a ferry stop at the Kingfish Boat Ramp. The county would have to put some money into it and we should use TDC funds to do it,” he said.
Diggins’ appointment illustrates the improved relations between Holmes Beach and Manatee County officials since the 2024 elections reshaped the county commission.
“The city and the county couldn’t continue down the negative road we were on. Both parties recognized that and this is a step in the right direction,” Diggins said.
Standing outside the commission chambers after his appointment, DeRusso said, “I’m humbled by the appointment and I’m honored to be sitting at the table – especially in the seat of a legend like Ed Chiles. The Island’s ‘old Florida’ experience was the first thing I fell in love with when I came here from northern California nine years ago. Protecting that experience for the residents and future visitors is important and we also need to continue to invest in the Island and enhance it.”
DeRusso noted the Palmetto Marriott Resort is located near the entrance to the county’s urban core and next to the county-owned convention center; and Falcione has frequently expressed his desire for a ferry stop near the convention center and the new hotel.
“We need to make sure we have a diversified ‘tool belt’ to attract visitors and weather the different types of storms, literally and figuratively, we experience here in Manatee County. I look forward to diversifying the investments that help grow tourism in this area.”
BRADENTON BEACH – In a Jan. 27 letter to the Pines Trailer Park Homeowners Association (HOA), Pines Park Investors LLC offered to sell the mobile home park to the residents for $75 million.
At that price, each of the 86 mobile homeowners would be responsible for $872,093.02.
“This has got to be a joke,” said one Pines resident, who asked not to be named.
On Aug. 5, 2023, Pines Park Investors, LLC purchased the 2.78-acre waterfront mobile home property from The Jackson Partnership LLLP for $16.25 million. The manager of Pines Park Investors LLC is Shawn Kaleta.
The park sustained damage from both Hurricanes Helene and Milton but many homeowners hoped to rebuild their mobile homes.
The LLC notified Pines mobile homeowners on Jan. 4 of their plans to close the trailer park. As part of the process of closing the park, and per Florida Statutes, the ownership is required to make an offer to residents, according to the letter to the HOA from attorney Shawn D. Arbeiter of the Davie, Florida-based law firm Hunden, McClean and Arbeiter.
“Pursuant to Section 723.061(1)(d)1.a., Florida Statutes, within 45 days after the execution of this agreement, the Association may execute and deliver a Purchase and Sale Agreement to Pines Trailer Park to purchase the mobile home park at the price and under the terms and conditions set forth in this Notice,” the letter reads in part.
That statute reads as follows:
“1. The park owner gives written notice to the homeowners’ association formed and operating under ss. 723.075–723.079 of its right to purchase the mobile home park, if the land comprising the mobile home park is changing use from mobile home lot rentals to a different use, at the price and under the terms and conditions set forth in the written notice.
a. The notice shall be delivered to the officers of the homeowners’ association by United States mail. Within 45 days after the date of mailing of the notice, the homeowners’ association may execute and deliver a contract to the park owner to purchase the mobile home park at the price and under the terms and conditions set forth in the notice. If the contract between the park owner and the homeowners’ association is not executed and delivered to the park owner within the 45-day period, the park owner is under no further obligation to the homeowners’ association except as provided in sub-subparagraph b.
b. If the park owner elects to offer or sell the mobile home park at a price lower than the price specified in her or his initial notice to the officers of the homeowners’ association, the homeowners’ association has an additional 10 days to meet the revised price, terms, and conditions of the park owner by executing and delivering a revised contract to the park owner.”
According to the letter from Arbeiter, the purchase price for the mobile home park is $75 million. A deposit of $500,000 is required to be deposited with escrow agent Najmy Thompson PL, 1401 Eighth Ave. in Bradenton within three business days. One hundred thousand dollars of the deposit is non-refundable. The letter calls for a 60-day closing.
The Sun reached out to Arbeiter by email for comment as to how the LLC arrived at the proposed purchase price of $75 million, but did not receive an immediate response.
MANATEE COUNTY – Anna Maria Island developer Shawn Kaleta is among the seven applicants seeking appointment to the Manatee County Tourist Development Council (TDC).
Kaleta is one of four applicants seeking to fill the hotelier seat recently vacated by Ed Chiles. The hotelier seat is also open to resort owners and short-term vacation rental owners and property managers. Developer and Palmetto Marriott Resort Managing Director Anthony DeRusso, Bradenton Beach-based Wagner Realty rental property manager Lisa Varano and real estate broker Damien Hernandez also seek the hotelier seat.
Holmes Beach City Commissioner Dan Diggins, Longboat Key Town Commissioner Debra Williams and Palmetto Mayor Daniel West seek to fill the elected official seat recently vacated by former Palmetto mayor Shirley Groover Bryant.
Manatee County commissioners are expected to appoint the two new TDC members during their Tuesday, January 28 meeting that begins at 9 a.m. and public input can be given regarding any of the TDC applicants when the commission reaches that point of the meeting. The TDC appointments are the 50th item listed on the meeting agenda.
The current TDC members are County Commissioner Amanda Ballard, Palmetto Mayor Gene Brown, hotelier Jiten Patel, hotelier Eric Cairns, hotelier Rahul Patel and interested citizens Dave Wick and Norma Kennedy.
Serving as an advisory board to the county commission, TDC members make non-binding recommendations regarding the expenditure of tax revenues generated by Manatee County’s 6% tourist development tax. According to the Manatee County Tax Collector’s Office, “This tax applies to anyone who rents, leases, lets or grants a license for the use of living quarters or accommodations for six months or less, regardless of their state or country of residence.”
Last year, the tourist development tax generated approximately $30 million in county commission-controlled tax revenues. In recent years, tourist development tax revenues helped fund the Anna Maria City Pier replacement project completed in 2020 and the installation and repair of the floating dock and finger docks at the Bradenton Beach Pier. Tourist development tax revenues are also being used to subsidize the county-contracted Gulf Islands Ferry service between Bradenton and Anna Maria Island. The city of Anna Maria will soon pursue tourist development tax revenues to help replace the portion of the City Pier destroyed by Hurricane Milton.
Kaleta application
The application form seeks answers to several questions, including: “Why do you want to serve on this advisory board or committee?”
Kaleta’s response says, “To assist in the management of the Manatee County tourism growth.”
On his application, Kaleta lists hotelier as his occupation, Prime Hotels and Prime Vacations as his business names and a Holmes Beach address as his business address. According to the Manatee County Property Appraiser’s Office, the 48th Street business address that Kaleta listed is a homesteaded residential property.
Kaleta’s TDC application states he’s the owner and founder of “the largest property management company in Manatee County – Prime Vacations.” It also states he’s the owner and founder of the Prime Hotel management group.
According to the latest annual report filed with the Florida Division of Corporations on April 25, 2024, Prime Vacations LLC listed Kaleta as the corporation’s manager and attorney Louis Najmy as the corporation’s registered agent. The corporations amended articles of organization
Filed on Oct. 30, the amended articles of organization for Prime Vacations LLC now list the Plantation, Florida-based CT Corporation System as registered agent and the New York City-based GSP Prime Buyer LLC as manager. That document notes Kaleta was removed as the LLC’s manager.
The Sun could not locate any active Florida Division of Corporations documents that reference Prime Hotels, the Prime Hotel Management Group or Kaleta’s involvement in either of those entities listed on his TDC application.
TDC applicants are asked to describe any education and experience they have that would benefit the advisory board. Kaleta’s response states he’s a licensed general contractor and engineer with a Master of Business Administration degree in real estate finance and marketing.
His application also says, “Experienced hotelier owning over 10 hotels in Manatee County including Bali Hai Beach Resort and Spa (in Holmes Beach), Anna Maria Beach Resort (in Holmes Beach) and Seaside beach resort (in Bradenton Beach).”
Kaleta’s application states he’s the “Owner of largest hotel in Manatee County on a barrier island – 106 rooms on Bridge Street.”
The Bridge Street hotel Kaleta referenced on his application is not built yet, nor does he own all the properties to be utilized for the proposed hotel development project.
In December 2022, architect Shaun Luttrell submitted the hotel-related major development permit application that listed Kaleta and Bradenton Beach business owner Jake Spooner as the hotel project property owners.
According to the Manatee County Property Appraisers office, Kaleta-affiliated LLCs own three of the eight properties to be utilized for the hotel. An LLC associated with Firkins Nissan owns one of the properties and a Spooner-affiliated LLC owns four of the parcels needed to construct the U-shaped resort structure as planned.
In December 2023, the Bradenton Beach Commission unanimously approved the 106-room resort that includes a 60-seat restaurant, 5,396 square feet of retail space and 154 on-site parking spaces.
Last week, on Jan. 16, City Attorney Ricinda Perry told Bradenton Beach Community Redevelopment Agency (CRA) members that Kaleta and Spooner hope to begin the hotel construction project by late summer. The Bradenton Beach CRA includes Mayor John Chappie and all four Bradenton Beach commissioners.
Kaleta’s TDC application notes he owns five restaurants, including Beach Bistro in Holmes Beach. It also notes he owns the Bradenton Beach Marina (also known as The Boat Yard) and a mobile home park – the Pines Trailer Park in Bradenton Beach. On Jan. 24, eviction notices were discovered taped to the doors of those unoccupied, hurricane-damaged mobile homes. The eviction letters were also sent to the mobile home owners by certified mail.
Public input
The TDC applications are included in the agenda for Tuesday’s meetings and are available to the public here. Click on agenda item 50 to view the applications.
Tuesday’s county commission meeting will be livestreamed and can be viewed here.
The TDC appointments are subject to public input and can be given during Tuesday’s meeting in person or by telephone using Zoom teleconferencing. To provide public comment by phone, call 1-888-788-0099 or 1-877-853-5247 and enter the meeting ID 89626986421, followed by the # symbol.
BRADENTON BEACH – While Pines Park Investors LLC has not disclosed plans for its recently-closed Pines Trailer Park, City Attorney Ricinda Perry shed some light on a scenario that could include a rezoning of the property.
Perry spoke about the Pines to Community Redevelopment Agency (CRA) members at a Jan. 16 meeting, saying the property owner has confirmed the planned redevelopment of the parcel.
“As we all know, the Pines has been through a back and forth, back and forth situation,” she said. “The FEMA statement that any water resulted in it being substantially damaged and had to be shut down, and then it was whether or not it would meet the 50% rule and there was some reconsideration of that.”
On Dec. 9, 83 of the 86 Pines Trailer Park homeowners had received notice from the city that they could repair their hurricane-damaged mobile homes with the proper permits. On Jan. 4, however, the homeowners received notification from the park’s ownership that the park was being closed. Shawn Kaleta is the manager of Pines Park Investors.
“The property owner, when they were told on a number of occasions that the property could not move forward, that it was essentially damaged beyond repair because of flooding from the hurricanes, invested funds to try to create tiny homes,” Perry said. “In the city’s floodplain ordinance, Mr. Gilbert (former City Building Official Steve Gilbert) had told the property owner that you could elevate these to a certain height, which is going to change in May. Turns out that was not the case and they got those engineered and presented to make a tiny home village to kind of keep it looking like the Pines and it had to actually to be much, much higher and look like a stilted community, which aesthetically is not where we want to go with that.”
She said financially it didn’t make sense for the ownership to put in stilted tiny homes.
“So that is actually being reworked and I can tell you preliminarily it’s looking like some type of mixed-development that’s going to salvage as much of the character that’s there,” Perry said. “But obviously with the ones that are fully damaged, it’s going to have to adjust and change based off of our floodplain ordinance, and come into compliance with that.
“So, the property owner had preliminary discussions with staff,” Perry said. “The discussion with them was pretty much anything they’re going to do would likely need to come through a PUD so that we can assess it on a very specific basis and it will go through the land planning agency and then to the commission. So, yes, a rezone to me is absolutely necessary.”
The Pines Trailer Park is currently zoned M-1, and according to the city’s Land Development Code, permitted uses are single-family mobile home units, manufactured homes, park trailers, preservation uses and conservation uses.
“The Pines, we’ll probably be talking about at the commission meeting,” Mayor John Chappie said. “The zoning for that is going to have to change, so there’s going to have to be applications.”
As of Jan. 16, Building Official Darin Cushing said his office has not received applications for rezoning.
The Sun reached out to Kaleta’s representative for comment, but did not receive a response.
BRADENTON BEACH – A plan to replace dry storage and boat repairs with restaurants and retail at the Bradenton Beach Marina was discussed at a Jan. 16 Community Redevelopment Agency (CRA) meeting.
“There were plans discussed and presented to the building official prior to the hurricane consisting of interior wall adjustments within the marina building itself where dry storage is,” City Attorney Ricinda Perry said at the meeting. “The goal of that project was to take a bunch of boat repairs which resulted in oil, gasoline and spilled chemicals of all sorts, lifts and storage of damaged and derelict vessels onsite, eliminate all of that and turn it into a functioning marina that would service people’s boats that come in and park overnight, yachts, day-trippers and create a more functioning commercial segment up there.”
She said the plans are currently being reviewed by the Bradenton Beach building department.
“We had a staff meeting yesterday to make sure that was still on task,” Perry said.
Mayor John Chappie asked if the marina owner is looking to provide overnight stays on the site.
“There’s also been some talk about whether or not it would make sense financially for them to have a few rooms for overnighting, perhaps on the second floor above the Nautilus Bar looking over the water,” Perry said. “There’s also been talk about what was described to me as a staging area for food trucks and bands and a kids playground. Right now, the only thing that’s been presented to Darin (Building Official Darin Cushing) was just taking the internal side of that, partitioning it off and taking out the dry storage and putting in shops and restaurants.”
Perry said she can’t bind the property owner to specific plans, but said, “The plan as I understood is to eliminate all the dry storage inside, all of the boat repairs that are inside and install retail, restaurants that you can access from the outside as you’re walking down both sides of that marina.”
Perry noted the marina’s docks sustained damage during Hurricane Helene.
“The property owner (Shawn Kaleta) has shared with me that they had gotten an original price quote in the millions to repair the docks that were damaged from Hurricane Helene,” Perry said. “You cannot get those docks insured, so all of that is out of pocket loss and damage to that property owner, that’s why it’s been a little bit slow trying to get that turned around. They’ve gotten some additional quotes that are more feasible financially. I think you’re going to see that property turned back around again.”
BRADENTON BEACH – In a community that Pines Trailer Park homeowners expected to be bustling with activity once again after receiving the city’s permission to repair their hurricane-damaged mobile homes, the 86-unit park now sits quietly following the ownership’s decision to shut the park down.
Pines Trailer Park mobile homeowners reacted to the Jan. 4 park closure notification from Pines Park Investors LLC, including those who bought there in 2024 based on what they said were assurances from the ownership that the park would remain in existence for five to 10 more years.
Two months before Hurricane Helene hit on Sept. 26, Cory Jackson purchased four mobile homes in the Pines. Those purchases were based in part on what he said were assurances by the owner and management that the park would not only remain in place for 10 years, but that improvements were planned in the coming years.
“I was told by Brien (Quinn, former park manager) and Shawn (Kaleta, Pines Park Investors LLC manager) that it would be 10 years before anything would happen and the intent was to add a pool by the clubhouse in a couple of years,” he said.
Jackson said he has approximately $650,000 invested in the four units.
“I’m just going to walk away,” he said. “It’s heartbreaking for everyone.”
Steve Jackson purchased a unit in July 2024 for $125,000 with the intention of renting it out for passive income in his retirement.
“I met Shawn the day I looked at the unit and he seemed to have some great plans for the park,” Jackson said. “It seemed like he was invested and had a clear vision and put me at ease.”
He said he was shocked to learn the park was being closed.
“I read some people may have the option to stay, I’d be willing to invest if it’s going to be a few more years,” he said.
The Jan. 4 letter does not make it clear what the plans are for the park, and states that one option that is being considered, pending city of Bradenton Beach approval, is to allow continued month-to-month tenancy for some residents, possibly extending up to a couple of years, depending on the overall timeline for vacating the property. The letter does not indicate what criteria would be used for allowing some residents to stay.
Jeffrey Roth bought his unit for more than $150,000 in March 2024, in part to be close to his in-laws in Cortez when he and his wife visit, and they intended to rent the mobile home when it wasn’t in use.
“It was an investment,” Roth said. “I was told when I purchased this it would stay as a park for at least five years. I’m actively looking for an attorney in Florida to discuss my legal options. I was misled and I’m not the only one.”
The Sun reached out to a representative for the LLC for comment.
“Our intention was always to keep Pines a trailer park. Neither Shawn or Brien was being untruthful,” Pines Investors representative Sam Negrin wrote in a Jan. 8 text to The Sun. “The hurricanes created these circumstances where only approximately 50% of residents were willing to rebuild and continue their tenancy. Additionally, 75% of residents decided they no longer needed to pay rent due to the storms, and we’ve had to close the park for that reason.”
Ryan Pfahler and his wife, Marcy, own three units and live in one. He said the two units had been booked as rentals for February and March but over the Christmas holiday they were returning thousands of dollars in deposits.
Pfahler said there was no communication from the LLC since shortly after Hurricane Helene in September until the Jan. 4 communication saying the park would be closed.
“Saying nothing is saying something,” he said. “I feel like they sabotaged their own park, and I don’t believe he doesn’t have a plan. They’re not going to shut down the park without a plan.”
“I don’t believe he wanted to keep it a park,” Pfahler said. “If they wanted to keep it a park he would have lent us a hand.”
He and other residents took issue with many of the reasons for closing the park that the LLC cited in the Jan. 4 letter.
The letter gave the following four reasons for the decision to close the park:
“Financial challenges: The park is operating at an unsustainable income level, with high delinquency rates (approximately 75%). While some residents have expressed concerns about amenities needing restoration, such projects – such as waterfront docks – would take years to complete and require significant investment. Combined with delinquency issues, it is not financially viable to operate under these conditions,” the LLC’s letter states.
“The only cleanup was done by Brien or the residents. They were ignoring the whole thing,” Pfahler said. “There was no care or concern and they threw this back in our faces. Had they shown any care or concern, everyone would have been back paying rent. I believe it was 100% intentional to use that as an excuse.”
Pines resident Lesley Mullaney posted the following on the AMI Sun Facebook page:
“102 days without communication? The city giving us the green light to repair and offering free permits. A clubhouse that is so disgusting, dirty with dried muck all over the floors. We cleaned up our streets. WE did that without any help from his crew. A laundry facility that is void of all equipment with debris still littering most areas. Would you be willing to pay between $1,200-$1,475 a month when your place is uninhabitable?”
The second reason given by the LLC is: “Restoration and Compliance: The required renovations for many units to meet the 50% rule for updates would involve considerable investment, which we are aware many residents are unwilling or unable to make, if permits were to even be issued. Additionally, the park’s compliance with fire codes presents a complex and costly challenge, as addressing one unit’s compliance issues often triggers a chain reaction requiring others to come into compliance.
“With the exception of the three on the bay that were condemned, I know for a fact people would have fixed them up,” Pfahler said.
City Building Official Daryn Cushing told The Sun in December that he received multiple permit applications from Pines mobile homeowners for repair work.
The LLC letter continues: “Resident Concerns and Safety: We have received numerous requests from residents wishing to relinquish their deeds, but as a property management team, we are not in the business of owning trailers. Furthermore, the park has faced yearly flooding and other storm-related damages that create unsafe conditions for residents and untenable liabilities for management. This, coupled with instances of harassment toward our team and city officials, has exacerbated the challenges of maintaining operations.”
“What they’re calling harassment, I would call being persistent,” Pfahler said. “You keep trying to get a hold of anybody and there’s no response.”
“Long-Term Viability: The cumulative impact of delinquency, loss of units, and the need for significant investments makes it clear that the park’s current model is no longer feasible. Additionally, management cannot continue to bear the risk of another storm coming and once again losing almost all income, all of which is essential to remain afloat.”
The LLC has not disclosed plans for the park. According to Cushing on Jan. 6, the LLC has not applied for any permits for work there.
BRADENTON BEACH – Pines Trailer Park residents who recently received city approval to repair their hurricane-damaged mobile homes received a letter on Jan. 4 from Pines Park Investors LLC stating that the park will be closed.
The letter from Pines Park Investors LLC, whose manager is Shawn Kaleta, was received by Pines homeowners on Jan. 4 and reads in part:
“Over the past months, we have conducted extensive financial modeling and assessments to determine the viability of maintaining the park,” according to the letter. “Unfortunately, we have come to the difficult conclusion that Pines Park is no longer sustainable as a trailer park and must be closed.”
The letter does not make it clear what the plans are for the park but states that one option being considered, pending city of Bradenton Beach approval, is allowing continued month-to-month tenancy for some residents, possibly extending up to a couple of years, depending on the overall timeline for vacating the property.
Several Pines residents contacted by The Sun on Jan. 4 chose to reserve comment on the letter.
The letter goes on to state that formal notices will be distributed in the coming weeks in accordance with state law.
“These notices will include all necessary legal information and details to guide you through this process,” the letter continues. “Along with these notices, we will provide agreements designed to assist you in transitioning out of the park, as well as information about resources available to support you during this time.”
How it happened
On Sept. 26, storm surge from Hurricane Helene caused water intrusion into the 86 Pines Trailer Park mobile homes, some of which are directly on the Intracoastal Waterway.
On Oct. 17, city building officials said that FEMA guidelines related to hurricane-related water intrusion classified the properties as having “major” damage. Pines residents were told that regulations state that if the cost to repair a mobile home to its pre-storm state is 50% or more of the structure’s value, then the entire structure must be brought into current floodplain compliance. The city’s floodplain ordinance requires the mobile homes to be elevated to a height of 12 feet. Many residents objected that they were unable financially or practically to comply.
On Oct. 29, fire code and setback regulations were outlined by West Manatee Fire Rescue District Fire Marshal Rodney Kwiatkowski, who stated that all new mobile home installations must follow setback guidelines between structures.
At a Nov. 7 city commission meeting, Kaleta said, “The units obviously took on water. There are fire separation issues, there’s mold, there’s structural stability, there’s elevation of the buildings, there’s all these questions. I’ve made a commitment to the residents from our side to keep the park there whatever it can be inside the code. I think that’s a vital part of the community, having residents and having everybody in that community as it exists. I think it’s an important piece of the community to achieve that.”
On Dec. 9, Pines residents received good news from City Building Official Darin Cushing when he notified 83 of the 86 Pines Trailer Park owners that they could repair their hurricane-damaged mobile homes with the proper permits without elevating them.
“We previously provided you with a notice that your property may have been affected by flooding due to hurricanes Helene and Milton, and that a second, more thorough inspection would be performed to gather data critical to making a formal determination as to whether the cost of repairs necessary to restore your building to its pre-damage condition might rise to an amount constituting ‘substantial damage’ as defined in the City’s Flood Damage Prevention Ordinance 21-538,” Cushing’s letter stated.
Following the second inspection, and with a review of the data and of the property values, the city notified residents that repairs could be made with the applicable permits.
“The data suggests that costs to perform repairs and restoration will not constitute a substantial damage repair,” Cushing’s letter stated.
However, some residents remained hesitant to move forward with repairs, saying that questions about the ownership’s intent for the park were still unanswered.
In early December, the parking lot for Pines Trailer Park residents at 201 First St. N. was converted into a public paid parking lot, with a pay-by-plate system in place. Pines residents who required parking had paid $750 per year to park in the lot. A representative for Pines Park Investors told The Sun that residents could continue to park in the lot until Dec. 31 and said a letter would be going out to the residents about its conversion.
Why it happened
The Pines Trailer Park property is currently zoned M-1 (mobile home park).
The Jan. 4 letter gives the following four reasons for the decision to close the park:
“Financial challenges: The park is operating at an unsustainable income level, with high delinquency rates (approximately 75%). While some residents have expressed concerns about amenities needing restoration, such projects – such as waterfront docks – would take years to complete and require significant investment. Combined with delinquency issues, it is not financially viable to operate under these conditions.
Restoration and Compliance: The required renovations for many units to meet the 50% rule for updates would involve considerable investment, which we are aware many residents are unwilling or unable to make, if permits were to even be issued. Additionally, the park’s compliance with fire codes presents a complex and costly challenge, as addressing one unit’s compliance issues often triggers a chain reaction requiring others to come into compliance.
Resident Concerns and Safety: We have received numerous requests from residents wishing to relinquish their deeds, but as a property management team, we are not in the business of owning trailers. Furthermore, the park has faced yearly flooding and other storm-related damages that create unsafe conditions for residents and untenable liabilities for management. This, coupled with instances of harassment toward our team and city officials, has exacerbated the challenges of maintaining operations.
Long-Term Viability: The cumulative impact of delinquency, loss of units, and the need for significant investments makes it clear that the park’s current model is no longer feasible. Additionally, management cannot continue to bear the risk of another storm coming and once again losing almost all income, all of which is essential to remain afloat.”
The letter ends with: “We want to express our heartfelt apologies for the inconvenience and stress this decision may cause. Please know that we are committed to supporting you through this transition and will provide all available resources to ease the process.”
BRADENTON – In response to a driving under the influence (DUI) arrest in 2023, local developer Shawn Kaleta has entered into a Driver Enhanced Treatment Education Rehabilitation (DETER) program contract that requires him to enter a plea to reckless driving with alcohol as a significant factor.
According to the 12th Judicial Circuit State Attorney’s Office, “DETER seeks to aggressively target first time, non-aggravated DUI offenders to reduce impaired driving by imposing enhanced educational and rehabilitative sanctions including ignition interlock devices, alcohol monitoring devices, work offender sanctions and enhanced victim impact education.”
The DETER contract was agreed to during a Nov. 21 court hearing at the Manatee County Judicial Center in Bradenton, with 12th Judicial Circuit Court Judge Heather Doyle presiding. The hearing was originally scheduled to consider a motion to suppress “all evidence obtained from the vehicle stop and subsequent arrest,” requested by Kaleta’s legal team on June 14. Instead, Kaleta agreed to enter into the DETER contract and pending plea agreement. A follow-up case status conference is scheduled for March 20 before Judge Jacqueline Blanton Steele.
The arrest
A series of incidents that occurred in Holmes Beach on June 15, 2023 resulted in Kaleta being arrested and charged with driving under the influence (DUI) and resisting, obstructing or opposing an officer without violence.
According to the initial probable cause affidavit (PCA) filed by Holmes Beach Police officers Andrew Adkins and Alex Hurt, Kaleta’s vehicle rapidly accelerated after turning off East Bay Drive and onto eastbound Manatee Avenue.
In 2023, Shawn Kaleta was arrested on the suspicion of driving under the influence. – MCSO | Submitted
“When vehicle had to slow down due to traffic, it began to weave within its lane. The vehicle then veered onto the eastbound shoulder, almost struck a construction sign but swerved away from it and avoided a collision,” according to the PCA. “Driver stated he left a friend’s house and is going to visit his mom in the hospital.”
According to the PCA, Kaleta discontinued the first stimulus test the officer attempted and declined to participate in additional roadside sobriety tests or a Breathalyzer test.
“After I explained to the defendant that he was under arrest for DUI, I walked behind the defendant and began to place his hands behind his back,” according to the arresting officer’s police report. “The defendant bent down to push me away and tried to pull his arms away from me. I was able to grab a hold of the defendant but he kept trying to pull away and push me away. Due to this, I had to take the defendant to the ground and forcefully place him in handcuffs. The defendant was given verbal commands but did not comply. Due to this, I also charged the defendant with resisting an officer without violence. I then conducted a search of his persona and located a wine bottle cork in his shorts’ pockets.”
At his request, Kaleta was transported to a hospital and examined for dehydration before being transported to the Manatee County Jail.
DETER requirements
On Nov. 21, Kaleta agreed to the DETER enrollment contract sanctions. Upon completing the program, he will enter a plea to reckless driving with alcohol as a significant factor. He also waived his right to a speedy trial and requested the continuance of his case in order to complete his pre-plea sanctions.
The DETER contract requires the following sanctions to be completed within 60 days:
Remain crime and alcohol-free;
Stay compliant with any conditions of bond or supervised release;
Complete in-person DUI school with a licensed provider and begin recommended treatment;
Compete the Mothers Against Drunk Drivers (MADD) online victim impact program;
Complete 60 hours of community service; and
Provide proof of installation of an ignition interlock alcohol monitoring device or continuous alcohol monitoring without the consumption of alcohol.
Upon completion of the above sanctions, Kaleta will be offered a plea of reckless driving with alcohol as a significant factor, with the following sanctions:
12 months of probation without automatic early termination;
$500 fine;
10 days of vehicle immobilization;
Successfully complete in-person DUI school and any recommended treatment;
Complete a MADD Live Victim Impact Panel;
50 hours of public service; and
Complete six months of mobile data transfer module-equipped ignition interlock alcohol monitoring, or continuous alcohol monitoring without consumption of alcohol.
