Sherman Baldwin and John Maguire went to a Feb. 18 Bradenton Beach City Commission meeting expecting to hear a discussion on whether Maguire could continue to sell bait on the Historic Bridge Street Pier.
Baldwin has a lease on the pier bait shop and he’s ready to start sales, and he has a non-compete clause in his agreement that has led him to question Maguire’s continued boat-based bait operation.
Maguire vows to continue selling bait at the pier, even if he can’t dock there.
But Mayor Bill Shearon, who has been working with attorney Fred Moore of the Bradenton-based Blalock Walters law firm on a pier-related lawsuit filed against the city by Bradenton Beach Marina, stunned the people in chambers.
He said Moore had done research and determined that commercial businesses operating on the day dock — Maguire’s bait boat, Baldwin’s tour boat and other tour boats — may be operating in breach of the city’s submerged land lease with the state for the pier.
Any use of the day dock that impedes pleasure craft from using the day dock isn’t permitted, Shearon said, paraphrasing Moore.
Maguire had received permission from the commission last summer to sell bait on the pier after the operator of the former restaurant and bait concession — in the permanent structures on the pier — was evicted.
Baldwin now has a sublease agreement for a unit where he plans to sell bait on the pier — including a noncompete clause — with AMOB restaurant owner John Horne.
“Unfortunately, loading and unloading of vessels for commercial purposes isn’t allowed. Having a bait barge is not allowed. Right now somebody could come up there with a barge and sell hot dogs and hamburgers,” Shearon said.
The city’s official position for some time, as stated by Police Chief Sam Speciale, facilitator of the pier team committee, is that commercial vessels can operate from the day dock so long as they collect money over open water.
Reached Feb. 19, Maguire said he believes he’s within his rights to pull his boat up to the day dock and sell bait.
Baldwin said Feb. 18 that he prefers to focus on Commissioner Jake Spooner’s Feb. 18 suggestion that the city convert its no-fee, public submerged land lease with the state to a fee-based commercial lease.
“It looks like the lease can be amended with a charge and we are willing to pay that charge, immediately,” Baldwin said. He fears his business — Paradise Boat Tours — may be forced to stop serving customers at the pier until the lease is resolved.
Indeed, boat tours are out, but water taxies are allowed, Shearon said.
And Baldwin plans to offer a water-taxi to serve the pier beginning in March.
Meanwhile, Shearon said Moore believes the city has the right to lease the retail units on the pier to the restaurant tenant, and they can sublease them to whomever they want. Horne entered a sublease for the two units with Baldwin and a retail store.
Bradenton Beach Marina, the plaintiff in the lawsuit, believes the units should be leased for water-related public purposes, such as a harbormaster office and a bait shop.
Commissioners agreed to conduct a workshop with Moore in the near future to discuss the day dock.