Bradenton Beach commissioners recently authorized city attorney Ricinda Perry to prepare a legal position in advance of a Nov. 30 conflict resolution on a dispute with neighboring Holmes Beach.
The dispute is over Bradenton Beach’s vote three years ago to issue a quitclaim deed for unimproved 27th Street to the Sandpiper Resort.
In August, the Sandpiper placed a white waist-high fence on the deeded property, prompting complaints from Holmes Beach elected officials who said the fence restricted beach and bay access for Holmes Beach residents.
The fence should come down and the quitclaim should be rescinded, Holmes Beach Mayor Rich Bohnenberger said earlier this fall.
In mid-October, the Bradenton Beach City Commission had voted to stand by the city’s 2008 decision to issue the quitclaim deed to Sandpiper. Commissioners and Mayor Bob Bartelt also held firm that the fence does not prohibit public access to public land.
In late October, the Holmes Beach City Commission, with John Monetti recused, voted 4-0 to go to the conflict-resolution process.
Perry, during the Bradenton Beach commission meeting Nov. 3 at city hall, observed that the dispute is “moving toward litigation.”
She asked commissioners for authorization to prepare for the conflict-resolution meeting on the matter. Preparation would involve research to draft the city’s legal position, as well as consultation with attorney Chuck Webb, who represented the Sandpiper in the quitclaim process.
“It’s a bigger commitment of city finances,” Perry said. But Bradenton Beach must have “a strong counter-argument.”
For the Nov. 30 meeting of mayors and attorneys, Bradenton Beach’s new mayor must appoint a stand-in to avoid any conflict of interest. John Shaughnessy, who will take the mayoral oath of office Nov. 14, lives in Sandpiper, as does Bradenton Beach Commissioner Gay Breuler.
However, Perry said anyone could attend the public meeting.
In other business Nov. 3, commissioners:
• Authorized the public works department to clear an alley between avenues A and B and 23rd and 24th streets north.
Public works director Tom Woodard said a new resident in the neighborhood requested that the alley be opened for access, which is required in the city’s land-development code.
The clearance means others in the area will have to remove landscaping.
“It’s completely blocked,” Woodard said. “Completely impassable.”
Woodard said the commission would face similar issues because the city’s long-range plan for stormwater management involves using some alleys for swales.
“It’s a shadow of things to come,” Mayor Bob Bartelt said.
“Yes,” Woodard said. “It’s going to happen at some point.”
The vote to clear the alley was 4-0, with Commissioner Jan Vosburgh absent.
• Approved payment of an $8,296 invoice from M.T. Causley for building department services, as well as a $5,656 invoice.
• Approved payment of a $6,704 invoice from city attorney Ricinda Perry.
• Extended a contract with ZNS Engineering for six months. ZNS is the city’s planning consultant.
• Approved a temporary-use permit for a block party on Nov. 11 on 12th Street North.
• Learned from Perry that a revised open-air dining ordinance should be ready for review by the planning and zoning board in December and the commission in January.