Tag Archives: 08-07-2013

Holmes Beach tree house declared ‘in violation’

“We’ve gone through hell for this long. Please, let us have it and stop this nonsense,” said an emotional Lynn Tran of her tree house at a July 30 Holmes Beach Code Enforcement Board hearing.

The hearing was held to discuss alleged violations of a tree house built at Angelinos Sea Lodge, 103 29th St.

Code enforcement board members, in three separate motions, unanimously voted to violate owners Tran and Richard Hazen for building within the erosion control line, violating the erosion control line setback and building without a permit.

The board ordered Tran and Hazen to pay the costs of the July 30 hearing, pay all fines up to date and an additional cost of $4,271 for staff preparation time to prosecute the violations.

The board also unanimously voted to dismiss a separate allegation of manipulating the natural dune system on the property’s beachfront.

Tran presented counter evidence of the couple making an effort to restore the dune that was absent when they purchased the property in 1999 and said the 2012 Tropical Storm Debby had eroded the dune.

The board gave the resort owners until Aug. 28 to make an effort to bring the structure into compliance, meaning Tran and Hazen must begin the permit process if they want to keep the tree house.

However, because the board found the owners violated the erosion control setback, the structure cannot remain at its current location.

Should the couple be unable to bring the structure into compliance, Tran and Hazen were given the same time frame to file for a demolition permit.

While the city won a major battle in the dispute, the war is not over.

The hearing

Attorney David Levin, of Icard Merrill of Sarasota, representing the resort owners, spent the first hour of the 9-hour hearing arguing for a continuance, but was unsuccessful.

Levin was successful in blocking engineering testimony because his engineering witness was unable to testify and any related testimony would violate his clients’ due process.

City officials acknowledged that the alleged engineering violations were irrelevant to the heart of their case, which was the location of the structure and that it was built without a permit.

“This is a simple case of construction next to the Gulf of Mexico without a permit,” said attorney Jim Dye, representing the city. “Unpermitted construction of this scale in this location creates a lot of violations.”

The city filed 37 violations in total, but most of them involved engineering violations. Levin argued that the city has never inspected the structure to arrive at those concerns.

Building official Tom O’Brien said there was a good reason for that.

“We never received a site plan,” he said.

The resort owners began construction in 2011. Hazen testified that he met with former building official Bob Shaffer and was given verbal permission to proceed without a permit.

Hazen said when he made contact with Shaffer he had no idea what he wanted to build, but wanted guidance on city regulations.

“I got an appointment and a secretary showed me to the front office where Shaffer was standing with about four other officials,” said Hazen. “I said that I’d like to build a tree house in the Australian pine tree on my property and asked what I needed to do.”

Hazen said Shaffer froze for a moment and turned to the other officials in the room.

“He turned back around and said there’s nothing in the books,” said Hazen. “All he said was ‘Make it safe and don’t let anyone fall out of it.’ I was happy. He smiled, and I was out the door.”

Hazen testified he was prepared to do anything the city wanted him to do to pursue his vision and, after receiving verbal permission, construction commenced within a week.

Dye cross-examined Hazen about whether or not he applied for a permit and Hazen reiterated that he received verbal permission.

“He stopped me dead and said there is nothing in the books,” said Hazen. “What was I supposed to do? Wrestle him down?”

Hazen was asked if at some point when the structure reached two levels, 500 square feet and had multiple windows if he thought that maybe he should have realized the project was going well beyond his original description.

“It’s just a tree house,” said Hazen.

Levin, during cross-examination of O’Brien entered into evidence a report from code enforcement officer David Forbes. Within that report, Forbes refers to the couple being given verbal permission by a former building official.

Levin also presented an Islander newspaper article quoting Shaffer as saying he had no objections because he thought it was a tree house he would build as a kid.

Levin asked if it was possible for two different building officials to come to a different opinion of what needs a permit and what doesn’t.

O’Brien testified that a building official can only make a decision based on the information provided, “or lack thereof.”

Shaffer only made a statement about a tree house not being in the codes based on the lack of information provided by Hazen, and Hazen bears the burden of responsibility to provide it, according to O’Brien.

Dye asked O’Brien during re-direct whether the city has a policy in place regarding casual conversations binding the city.

O’Brien said the city’s land development code states that verbal statements or comments by a building official or any representative of the city shall not be considered official interpretations of the LDC.

“And any individuals that proceed on that basis shall do so at their own risk,” said O’Brien.

Shaffer testified to the meeting with Hazen, saying his recollection of the informal encounter was one via telephone.

Shaffer said when the tree house began appearing in newspaper articles, “I wondered if I had made a mistake, but I never gave him permission.”

Levin argued that a mistake was made, but the mistake was made by the city and his clients should not bear the burden of responsibility for that mistake.

But O’Brien’s testimony of the LDC regulations that cannot bind the city to an official’s casual comments appeared to be enough information for the code enforcement board to reject Levin’s argument that his clients were given verbal permission to build without a permit.


Tree house battle not over

The emotional tree house saga has not concluded with a code enforcement ruling, and the battle to save the structure is not over.

Tran and Hazen have filed a petition with the required number of Holmes Beach registered voters — 332 or 10 percent — to save the tree house.

The petition, currently being verified by the Manatee County Supervisor of Elections Office, will force commissioners to vote on whether or not to grandfather the tree house and allow it to remain.

Commissioners previously indicated they would vote to deny the petition, at which time the matter will go to the voters.

However, even if the election is successful, state law forbids a local municipality from creating an ordinance that is contradictory to state law. A local municipality can strengthen a state law, but state law will supersede a weaker local law, making it virtually impossible for the city to create an ordinance to allow the tree house seaward of the erosion control line.

However, the process must continue.

So must the process in an after-the-fact permit to allow the structure applied for with the Florida Department of Environmental Protection.

If DEP issues that permit, it would pave the way to allow the resort owners to better work with the city. However, in order to issue an after-the-fact permit, DEP requires a letter of no objection from the city.

According to city officials, such a  letter is not forthcoming.

In a final attempt to save the tree house, Levin said he has filed a case with the 12th Circuit Court that alleges the city has violated its own land regulations.

Levin contends that while Holmes Beach enjoys home rule, “that authority is not unlimited.”

He argued that the state allows a number of exceptions for construction within the 50-foot setback of the erosion control line.

“The city’s codes, however, provide that no structure can be constructed within 50 feet and that there is no authority to pursue a variance,” he said.

Levin said his clients will comply with the city’s request to begin working in good faith, but given the number of outside factors still in play, “The process can start, but will likely stay in limbo for some time.”

Protestors gather ahead of Long Bar Aug. 6 hearing

Members of Save Our Manatee Coastline, Bay Life Preservers, ManaSota-88 and Save Our Shores gathered Aug. 1 at the Manatee County Administration Building, 1112 Manatee Ave. W., Bradenton, to voice opposition to Long Bar Pointe, the proposed development on Sarasota Bay on the mainland between Cortez and IMG Academy.

Protestors carried signs saying, “Long Bar Pointe-less” and other signs that provided phone numbers for Manatee County commissioners, as well as plastic blow-up dolphins with varying messages of “Save our bay.”

Ed Goff, of Save Our Shores, named his dolphin “Carlos” for co-developer Carlos Beruff, who submitted the revised development plan that has environmentalists up in arms.

“I named my dolphin ‘Carlos’ because he looks nice, but there’s something fishy about him,” said Goff.

Beruff bought in with developer Larry Lieberman to partner on the 500-plus acres of what is considered to be the last undeveloped shoreline in Manatee County in 2011. The duo retains certain entitlements that were first approved for Lieberman in 2004.

That approved site plan involves up to 1,658 multi-story and single-story family homes.

Beruff’s new site plan involves almost the same number of homes, but includes a 300-room hotel, a boat basin and canals, an 84,000 square foot conference center and 120,000 square feet of retail space.

County commissioners approved a new zoning designation in June that would open the door to Beruff’s plans, but it must still be approved by the state.

At issue are the text and map amendment changes required for the project, which would have a direct impact in changing the county’s comprehensive plan.

Opposition groups are saying Beruff’s development plan would be intolerable, creating a catastrophic environmental disaster to the bay.

Protests have been staged in various areas on land and by water around Long Bar Pointe but, on Aug. 1, protestors took their message directly to the county board.

Goff and about 30 demonstrators, armed with 1,000 of the more than 5,300 total signatures opposing the development plan, attempted to present the signatures directly into the hands of a county commissioner.

While it is policy to make an appointment to see a county commissioner, no commissioner would accept the signatures or speak to opposition leaders.

“It’s sad when a county commissioner will meet with a developer, but not their constituents,” said Barbara Hines, vice-chair of ManaSota-88, an environmental watchdog group. “Not one commissioner would come out of their office. It’s sad they won’t talk to the people they represent.”

Former County Commissioner Jane von Hahmann was on the dais when the 2004 plans were approved. She said the 2004 approved plans are consistent with the comprehensive plan, but the revised plan is not.

“We want to stop the text amendment changes,” said von Hahmann at the protest. “The changes are inappropriate, and we are here to say ‘No’ to more land-use changes, no to docks and no to a 300-room hotel.”

Von Hahmann said the 2004 plans did not allow for the kind of development Beruff wants, but rather focused on conservation of Long Bar Pointe by protecting the mangroves and Sarasota Bay and created a conservation easement to ensure that goal.

As a former commissioner familiar with the original plans, von Hahmann has a unique perspective. She offered a direct message to current commissioners.

“The old plans were approved, signed, sealed and delivered to the clerk’s office,” she said. “It gives them the right to develop up to 1,658 units while protecting the natural resources and estuary system. If the commissioners approve this plan, (that) all goes away.”

Commissioners are expected to review Beruff’s proposed land-use changes at special land-use meeting that was scheduled for Aug. 6 and

In the meantime, Beruff and Lieberman filed a lawsuit against the county July 25 over the construction of El Conquistador Parkway.

The suit cites an unlawful taking of land and the developers are requesting damages and compensation for the land.

The lawsuit states that requirements placed on the developers to set aside land for constructing the parkway violated their constitutional rights.

County attorney Mickey Palmer told reporters he didn’t think the lawsuit would affect the Aug. 6 proceedings, but environmental activists like Goff said the lawsuit might be a pressure tactic to swing commission votes in favor of developers.

If the road was built after Jan. 1, 2010, the developers would have been granted relief of a special fee for the road, according to the lawsuit. The developers say the county did not provide written notice on or before the due date that the road would be constructed.

Two lanes extending 75th Street on the El Conquistador Parkway near the Long Bar Pointe property were built in 2012.

Palmer said the plaintiffs are suggesting that the original land development agreement for a portion of the property is unlawful.

The county commission meeting to consider the developer’s proposed comprehensive plan amendments was to be held Aug. 6, after press time for The Islander.

Holmes Beach readies to resume Mainsail mediation

Holmes Beach Mayor Carmel Monti announced that mediation efforts between the city and the Mainsail development team will continue at 9 a.m. Wednesday, Sept. 4, at CrossPointe Fellowship, 8605 Gulf Drive, Holmes Beach.

The announcement comes after a contentious July 23 city meeting where commissioners ultimately agreed to continue with mediation, but disagreed on where to draw a line that could end the ongoing dispute.

Commissioners voted 3-2 in March to revoke the Mainsail site plan for the property near Gulf and Marina drives, which prompted Mainsail attorney Robert Lincoln in April to file a petition for relief from the city.

An encouraging first round of mediation ensued June 21, but it was apparent in July that contentions remain among the three commissioners opposing the site plan.

Commissioner Judy Titsworth — a resident of Sunrise Lane that borders the development site on the east — argued that the city is on more stable footing concerning negotiations with Mainsail and wants to see more concessions made by the developer.

Mainsail made several concessions in June, including eliminating one building and reducing the size of another, as well as agreeing to work with Sunrise Lane residents over a disputed right to use the road for emergency vehicle access to the property.

Titsworth said it’s not enough, but agreed to continue mediation. Commissioner Pat Morton stood his ground. He said the city did the right thing in revoking the site plan and he wants Mainsail to start from scratch and develop a plan that complies with current city codes.

Commission Chair Jean Peelen and Commissioner David Zaccagnino support working with Mainsail to improve the site plan.

Commissioner Marvin Grossman led the charge to revoke the site plan, but appeared to be open to compromise at the July city meeting. He then drew a line in the sand and made it clear that the city would not be bullied.

As the city moves forward with mediation, Titsworth circulated an email outlining her goals for the process.

“Being that two of the commissioners and the mayor don’t seem to want to offer recommendations, but would like to provide Mainsail with a list of items to shoot for, I have taken it upon myself to offer some suggestions that I feel are important in making this project conform more to our land development code,” Titsworth wrote.

Titsworth, Monti and city attorney Patricia Petruff are representing the city at the mediation meetings. Monti does not have a vote on the dais, but also supports moving forward with Mainsail.

Titsworth calls for all setback requirements to be met in regards to any building considered three stories, and for a portion of the building proposed on the spit of land next to the basin to be removed.

Mainsail already agreed to remove the building on the spit, but part of Building B remains there.

Titsworth said an exception to setbacks as a city concession would be Building C, if space for a landscape buffer can be included on the canal.

Mainsail wants to raise the height of the proposed lodge from two stories to three in order to recoup some of the units lost by eliminating Building A from the spit.

In order to do so, Mainsail would need a height variance, but Titsworth is opposed to the trade off.

“The code is to be followed and interpreted with regards to height restrictions as measured from the crown of the road,” she wrote.

Titsworth also is calling for an increase in setback between commercial and residential units along Sunrise Lane and that no balconies or entrances for buildings on Sunrise Lane would face the road.

While both sides have agreed to renew mediation, either party may conclude negotiations at any time and ask that Phase 2 of the magistrate process begin.

If that happens, negotiations conclude and a quasi-judicial hearing will take place. The special magistrate will take evidence and testimony and render an opinion.

If both parties agree to the special magistrate’s decision, the matter is resolved. If not, either party can file a lawsuit in circuit court to appeal the decision.

Shark on the menu

It’s shark week on the Discovery cable channel this week. Fitting for the frenzy of shark programming, area fishing guide Capt. Chris Galati helped guide contractor Frank Agnelli and his crew Aug. 4 to an encounter with a bull shark. They were fishing 50 miles offshore of Anna Maria Island aboard the charter boat Miss Anna Maria with Galati, Capt. Mike Kasten and first-mate Christian Hightower. Galati estimated the catch would weigh in at 300 pounds. The shark ate a 20-pound amber jack as it was reeled to the surface. Islander Photo: Courtesy Chris Galati

AM-HB police consolidation cuts AM cost, coverage

A proposal by Holmes Beach Mayor Carmel Monti to have the Holmes Beach Police Department assume law enforcement responsibilities for Anna Maria would lower Anna Maria’s annual budget by $150,000 for the contract’s first year. At the same time, police coverage in Anna Maria would be reduced.

Monti’s proposal for law enforcement services calls for $485,000 from Anna Maria the first year of the contract, followed by annual increases of 6 percent, reaching $612,301 in the fifth year.

Anna Maria presently contracts with the Manatee County Sheriff’s Office for law enforcement and the proposed contract for 2013-14 is about $615,000.

Monti’s proposal would put one police officer in Anna Maria during any 24-hour period.

Anna Maria presently has two MCSO deputies on duty 6 a.m.-1 a.m. And Sgt. Paul Davis, the substation supervisor, is on duty at least five days per week. One MCSO deputy is on patrol 1 a.m.-6 a.m.

Anna Maria Mayor SueLynn declined to comment on the proposal, saying it should first be discussed by commissioners.

Under Monti’s proposal, the two cities would be divided into zones, with Anna Maria encompassing one zone. Monti said shifts would be 12 a.m.-noon and noon-12 a.m. “Coverage will entail one officer per zone with all zones supervised by a sergeant, both shifts,” he wrote.

Anna Maria Commissioner Nancy Yetter said she would not be in favor of Holmes Beach patrolling Anna Maria.

“It just doesn’t sound like a good deal for our city,” she said.

Yetter noted that under Monti’s proposal, Anna Maria would be losing one of two officers for daily coverage, in addition to Davis. The initial savings would not be worth the lost coverage, or the city losing control of its law enforcement department, she added.

Yetter also noted beach coverage was not mentioned in Monti’s proposal.

“All things considered, I’m happy with the MCSO coverage, the cost and that we have some control over law enforcement,” Yetter said.

The commissioner said she would, however, welcome public input on the proposal.

SueLynn entered discussion with Monti about police consolidation at the direction of the commission following a suggestion from Commissioner Gene Aubry.

Aubry said he had not had a chance to review Monti’s proposal.

Challengers line up for Bradenton Beach election

Bradenton Beach voters will witness the first contested city election since then-political newcomer Commissioner Jan Vosburgh defeated Michael Harrington in 2010.

Former Commissioner Bill Shearon announced his candidacy for mayor in May and incumbent Mayor John Shaughnessy confirmed July 22 he will seek a second term.

Shearon cited a lack of accountability and personal responsibility in the current administration as reasons for his candidacy and criticized the city for not following its procedures and policies.

Shaughnessy would not comment on Shearon’s opinions.

“We are friends and his opinions are his opinions,” said Shaughnessy. “I don’t run that kind of campaign. Everything is decided in November and that’s it. In the meantime, we all need to work together. We are doing what we think is right and hope for the best and, if not, we accept the responsibility.”

Shaughnessy is a former Ward 1 commissioner, who served six years on the dais before term limits forced him out of office in 2009. He took two years off before making a successful run for mayor when the incumbent mayor declined to run for the seat.

He’s led the city through some difficult financial times.

“We are doing the best we can with what we have to work with,” he said. “A lot of what we are dealing with is economy related and we’ve had a lot of grants cut, but you still have to keep the city alive. That means doing things that are unpopular sometimes, but they have to be done.”

Shaughnessy said he wants another term as mayor to address unfinished business.

“We accomplished a lot when I was a commissioner under John Chappie and that’s a standard I set as mayor to carry on,” he said. “We have a few projects going on that I would like to see finished. They are taking longer than anticipated, so I want to make sure that I see them through.”

Shaughnessy said he would like to see more of the city’s citizens involved with the local government process and intends to find a way to boost volunteerism for city boards in his second term.

He’s proud that he was able to work with Holmes Beach Mayor Carmel Monti to resolve the 27th Street lawsuit between the cities and the Sandpiper Resort Co-op, while improving what had become a strained relationship under the prior Holmes Beach administration.

“Everything has turned out for the best so far and I think we are doing pretty good,” said Shaughnessy. “There are always bumps in the road and as soon as you get over one, there is another one not too far away. You just keep your head about you, surround yourself with good people and get as much information as possible before making a decision.”

Shaughnessy said one of his biggest assets as mayor is bringing a common sense approach to government.


A second former commissioner enters race

Bradenton Beach Ward 3 Commissioner Ric Gatehouse declared July 29 he will seek a term on the dais.

Gatehouse assumed office in February 2012 after former Ward 3 commissioner Janie Robertson termed out of office in November 2011 after six years on the dais.

The city first had trouble finding someone to the fill the vacancy, and controversy arose over Gatehouse’s appointment, but eventually city commissioners appointed him to the seat.

This is his first time running for election and he faces the very person whose seat he took — Robertson, who took out qualifying papers July 24.

“This isn’t something I’m dashing out there to do for something to do,” said Robertson. “It seems as if my desire to make things work as best they can is beyond my control and I can’t stay out of it anymore.”

Robertson said the current administration doesn’t listen well to the public.

“It doesn’t do any good to stand up before them and make a suggestion if you don’t have an official say,” she said. “There is a total lack of history on this board. Not one of them served the city before waltzing onto the board unopposed. They don’t understand that you don’t have to reinvent the wheel every time they have a meeting.”

Robertson began service to the city on the comprehensive plan review committee in 2004 and held various volunteer board positions before serving as commissioner for six years.

“I know stuff and I know the history,” she said. “I think they need me up there for the combination of my history and my experience.”

Robertson said more fiscal responsibility is needed and the current administration struggles with basic procedures that could get the city in trouble.

“They need to think things through better than they do,” she said. “It’s a procedure thing that they don’t understand well enough how to do city business.”

While Robertson says her tie to the city’s past is an asset in her run for office, Gatehouse said it’s that kind of history from which the city is struggling to break free.

“People have to look at your record,” said Gatehouse. “The record of previous commissions includes giving up city authority to third parties.”

Gatehouse said examples what the city gave up include the old telecommunications ordinance, sanitation and an attempt to have the Manatee County Sheriff’s Office take over law enforcement from the city’s police department.

“I never think it’s good to have a third party dictating policy for the city and that’s one thing I never want to go back to,” he said. “I’ve seen some pretty questionable decisions made in the past.”

As an example, Gatehouse cited the purchase of Gulf Drive property by the city for $350,000 a few years ago. The purchase was the result of a long ongoing lawsuit between the city and its owner and was paid for out of the city’s reserve fund.

“There’s not a lot we can do with that,” said Gatehouse. “So we are looking at making it a sea turtle and native plant educational park.”

Gatehouse said he hopes to conclude unfinished business.

“We’ve made some strides in the last two years in looking at things from a common sense perspective,” he said. “We look at our decisions with an eye on long-term ramifications and that’s something that has been lacking in prior commissions.”

Gatehouse said the current commission has done a good job with the budget. In this year’s budget, Gatehouse led the effort to ensure infrastructure projects were prioritized and budgeted for the first time in years, “and we got them done.”

If successful in his election bid, Gatehouse said one of his priorities is parking. He is putting together a plan to address the matter and hopes to present it to the commission later this year.

Gatehouse said he wants to continue his service to the city, “because I think we are moving in the right direction. I want to be the kind of commissioner that is no nonsense but has common sense.”


Woodland, Aubry seek re-election

Two of the three Anna Maria commissioners up for re-election in November are committed to staying on the job, while a third commissioner is not ready to announce his decision.

Incumbents Dale Woodland and Gene Aubry have announced their intention to seek another term and have obtained qualifying packets. Commissioner Doug Copeland, who was appointed to fill a vacant seat in June, said he will announce his decision during the qualifying period.

Anna Maria’s qualifying period is noon Monday, Aug. 19, to noon Friday, Aug. 30.

The only other announced candidate is Carol Carter, a member of the city’s planning and zoning board.

Potential candidates can pick up qualifying papers at Anna Maria City Hall, 10005 Gulf Drive, or at the Manatee County Supervisor of Elections Office at 600 U.S. 301 Blvd., Bradenton.

Woodland is seeking a sixth term in office, while Aubry, who was appointed to the commission in 2012, is running for a full term for the first time. He became a commissioner after SueLynn, then a commissioner, stepped up to fill the mayor’s post, creating a commission vacancy.

Aubry previously served as a commissioner from September 2010 to November 2011. He was elected a commissioner in the first-ever Manatee County recall election and defeated then-Commissioner Harry Stoltzfus in a special recall election.

Copeland was voted a seat by commissioners in June after John Quam resigned from the commission.

In the 2012 election, no one ran for mayor, resulting in a series of commission debates before SueLynn was elected commission chair and automatically took the office of mayor.

She previously served as mayor from 2002-06.


Holmes Beach election wide open

Holmes Beach incumbent Commissioners David Zaccagnino, Jean Peelen and Pat Morton are all up for re-election in November.

All three officials have told The Islander they intend to seek retention, but as the qualifying period inches closer, none have taken the steps necessary at the Manatee County Supervisor of Elections Office.

And, thus far, no challengers have come forward.

For more information on qualifying to run for office in the three city elections, go online at www.islander.org.


The process

According to the Manatee County SOE’s website, candidacy may be announced at any time, but the SOE office, 600 301 Blvd. W., Suite 108, Bradenton, said candidate qualifying packets will not be delivered to the island cities until August.

A prospective candidate must first file a form to appoint a campaign treasurer and designate a campaign depository — a bank account — with the SOE before contributions can be accepted or funds are spent.

The candidate then must file a statement of candidate form within 10 days of filing the treasurer and bank designation forms.

Candidates can file early by obtaining a qualifying packet at the SOE office.

Candidate qualifying in the three island cities begins with Anna Maria on Aug. 19. Qualifying for Bradenton Beach and Holmes Beach begins Aug. 26. All three cities wrap up at noon Aug. 30. The city elections are non-partisan and all seats are for two-year terms.

In Anna Maria, a candidate must be a citizen of the United States, a registered voter in Manatee County and a resident of the city for two years prior to qualifying. The candidate must file a loyalty oath, oath of candidate, a statement of financial interests and a residency affidavit for both the candidate and his/her treasurer.

The candidate must pay a qualifying fee equal to 1 percent of the annual salary for the office sought — $96 for mayor, $48 for commission seat — and obtain 10 petition signatures of voters residing in the city.

Qualifying packets are expected to be available at each city hall at the time qualifying begins.

In Bradenton Beach, a candidate must be a citizen of the United States, a registered voter in Manatee County in the ward for which he/she qualifies and a resident of the city for nine months prior to qualifying. The candidate must file a loyalty oath, oath of candidate, a statement of financial interests and a residency affidavit, as well as 10 resident affidavits attesting to the candidate’s residency.

The candidate must pay qualifying fee equal to 1 percent of the annual salary for the office sought — $96 for mayor, $48 for commission seat — and obtain 10 petition signatures of voters residing in the city.

In Holmes Beach, a candidate must be a citizen of the United States, a registered voter in Manatee County and a resident of the city for two years prior to qualifying. The candidate must file a loyalty oath, oath of candidate, a statement of financial interests and a residency affidavit.

The candidate must pay a qualifying fee equal to 1 percent of the annual salary for the office sought —$60 for a commission seat and $120 for mayor, although the mayor’s seat does not expire until 2014 — and obtain 15 petition signatures of voters residing in the city.

Candidates in all three cites can opt to file an undue burden oath, which eliminates the election assessment fee if all other requirements are met.

Challengers line up for Bradenton Beach election

Opposition continues to LBK groin project

Former Manatee County Commissioner Joe McClash is continuing his call for an administrative hearing on Longboat Key’s plan to build three groins extending into the pass from Beer Can Island, or Greer Island as it also is known, on the south side of Longboat Pass. Coquina Beach in the city of Bradenton Beach is on the north side of the pass.

Longboat officials say the structures would prevent the island — although it is attached to the Longboat Key shore —from further expansion where migrating sands are accumulating and interfering with boats navigating the channel.

McClash has appealed to the Florida Department of Environmental Protection for a hearing, and he hopes to have a decision this month.

Additionally, McClash said he has an online petition protesting the groin plan that has been signed by nearly 600 people.

“I don’t know what the ultimate decision will be, but Longboat Key proposes three groins, one of which will be about 300 feet long,” McClash said. The other two groins would each be about 150 feet long.

McClash said the groins would ruin the area for recreational boaters and would not keep sand from migrating into the pass.

But Longboat Key, which pays for its own beach renourishment, has a marine engineering study that says the groins are necessary to keep Beer Can Island from expanding.

The plan also calls for groins at other locations along the beach south of the Longboat Pass on the Longboat Key shore.

If the DEP declines to hold a hearing, McClash said he may appeal to the U.S. Army Corps of Engineers to have a public meeting on the renourishment project.

Sports – 08-07-2013

Hooke runs up another record


Mickey Hooke, 52, of Bradenton, a former islander who remains on the staff at Galati Marine in Anna Maria, recently competed in two races in the Premier Beach Race Series in Pinellas County.

The St. Petersburg Road Runners kicked off its sixth annual Summer Beach Race Series June 28 in St. Pete Beach. Hooke challenged the narrow grassy shoreline race path to take the overall win. His 5K finish time of 17:55 was the fastest for a 50-year-old in the history of the series. Hooke also was the only 50-year old to run under 18:00 on that beach, plus the first 50-year old to win a SPRR Beach Series race.

The effort also set new Masters division and Grandmasters recordc for the Post Card Inn race course.

On July 19, Hooke ran in the long-time West Florida Y Runners Club “Sunsets at Pier 60 Series.” Moving north from Big Pier 60, Hooke said the runners path included a tough beach and 90 degree temperatures, and he moved into the lead at 2.1 miles, taking the overall win in 17:55.

After 15 years and 68 races of researchable results for the series, Hooke’s performance marked:

• First time a 50-year-old took first overall in the WFYRC Beach Series.

• He’s the only 50-year-old to break 18:00 for the course.

• He posted the fastest time in series history for a 50-year-old.

Thus far this summer, Hooke has an overall victory in each of the Beach Series runs and three additional records, pushing his statistics to 207 records since 1998.


Indoor soccer rolls on

Soccer action for the Anna Maria Island Community Center indoor league continued last week with a July 29 battle between first-place Eat Here and its closest pursuer in the 11-13 division, LPAC.

Eat Here, now 4-0-1 on the season, edged 2-2-2 LPAC by a 3-2 score behind some stellar goaltending from Dunn Reemelin and Zach Fernandes, who made several strong second-half saves. Fernandes, Robbie Fellowes and Javier Salgado each scored goals to lead Eat Here in the victory.

Ryan Fellowes and Tyler Pearson notched goals for LPAC in the loss.

The second 11-13 division game of the evening saw Bark & Co. Realty earn its first victory of the summer series, defeating Island Dental Spa 6-2. Connor Mulhearn scored five goals to lead Bark, which also received a goal from Brooke McIntosh in the victory.

Luke Greaves scored twice to carry Island Dental Spa in the loss.

A second, younger LPAC team continues to lead the 8-10 division with a 5-0-1 record with Beach Bistro following in second at 1-2-2, while Air & Energy follows at 0-4-1.

LPAC 8-10 continued its winning ways with a 3-1 victory over Beach Bistro July 29. Joshy Calhoun, Cole Pearson and Chris Snyder each notched goals to lead LPAC in the victory. Tyler Brewer scored for Beach Bistro in the loss.


Standings tighten for adult football league

With only two games remaining on the schedule for the adult flag football league at the center, the standings are tight from top to bottom.

Discount Signs & Wraps is on top with a 4-1-1 record, closely followed by Sato Real Estate and Slim’s Place, knotted in second place with 4-2 records. Agnelli Pool & Spa is alone in third place with a 3-2-1 record, while The Feast, Beach to Bay Construction, Jessie’s Island Store and Waterfront Restaurant are all tied with 2-4 records.

The action will be fierce this week as teams jockey for seeding positions in the playoffs, which get started Aug. 14 and culminate with a Pro Bowl and Super Bowl Aug. 22.

There were some close games and there were a few blowouts last week, but the game of the week was a doozy that saw Agnelli Pool & Spa Giants battle Discount Signs & Wraps Seahawks to a 33-33 tie Aug. 1.

The Giants were led by quarterback Ryan Moss, who completed 15 passes for 202 yards and five touchdown passes. Brent Moss was his favorite target, taking down six passes for 80 yards, a pair of touchdowns and 2 extra points. Frank Agnelli added three catches for 52 yards and a touchdown, while Josh Rio and Jeff Walker each had a touchdown reception. Amy Moss scored an extra point.

Ryan Moss and Brent Moss led the defense with six flag pulls each, while Rio and Amy Moss each had three pulls in the victory.

Pat Calvary had a huge game to lead the Seahawks, catching 14 passes for 117 yards, including four touchdown receptions and an extra point. Quarterback Don Purvis was on the money, completing 26 of 30 passes for 224 yards and five touchdown passes. Dina DeJesus also had a big game, catching six passes for 48 yards, including a touchdown and an extra point.

Defensively, the Seahawks were led by Andrew Turman who had seven flag pulls and a quarterback sack. Purvis, DeJesus and Calvary each added three flag pulls in the tie.


Volleyball action

The center’s adult volleyball teams completed a third week of action in the gym. Currently Beach Bums and Bowes Imaging Center are tied for first place with matching 4-1 records. Southern Greens holds down second place with a 2-2 record, while Salon Salon and Island Real Estate are tied for fourth place with matching 1-4  records.

Beach Bums earned a 25-15, 27-25 win over Southern Greens in July 30 action.

The second match of the evening saw Bowes Imaging defeat Salon Salon 25-23, 25-17.

Island Real Estate got into the win column with a hard-fought 25-18, 25-18 victory over Salon Salon.

The action continues starting at 6:30 p.m. Tuesday evenings.


Horseshoe news

For the second straight week, horseshoe action at the Anna Maria City Hall horseshoe pits produced two outright winners following pool play.

On July 31, Bob Heiger and Jerry Disbrow produced the only 3-0 pool-play record while Sam Samuels and Jay Disbrow did the same during Aug. 3 action.

Play gets under way at 9 a.m. every Wednesday and Saturday at the Anna Maria City Hall pits. Warmups begin at 8:45 a.m. followed by random team selection. There is no charge to play and everyone is welcome.


Golf news

Seventeen women braved the heat on July 30 to play a golf game known as “odd ball,” where only the odd-numbered holes on the course are counted to determine scores.

Fran Barford and Helen Pollock both carded 29s to tie for first place in Flight A, while Christina Mason took Flight B with a score of 26.


AMICC indoor soccer schedule

5-7 Division

Aug. 9      6 p.m.       Miller Electric vs. Bowes Imaging

Aug. 12    6 p.m.       Miller Electric vs. Bowes Imaging


8-10 Division

Aug. 2      7 p.m.       LPAC vs. Air & Energy


11-13 Division

Aug. 7      7 p.m.       Eat Here vs. LPAC

Aug. 7      8 p.m.       Island Dental vs. Bark & Company

Aug. 12    7 p.m.       Bark & Company vs. Eat Here

AMICC adult volleyball schedule

Aug. 13    6:30          Island Real Estate vs. Beach Bums

Aug. 13    7:30          Salon Salon vs. Bowes Imaging

Aug. 13    8:30          Southern Greens vs. Bowes Imaging


AMICC adult flag football schedule

Aug. 7      6 p.m.       Agnelli Pool vs. Jessie’s

Aug. 7      7 p.m.       Waterfront vs. Slim’s Place

Aug. 7      8 p.m.       Beach to Bay vs. Discount Signs

Aug. 7      9 p.m.       Sato Real Estate vs. The Feast

Aug. 8      6 p.m.       Sato Real Estate vs. Slim’s Place

Aug. 8      7 p.m.       Beach to Bay vs. Discount Signs

Aug. 8      8 p.m.       The Feast vs. Agnelli Pool

Aug. 8      9 p.m.       Jessie’s vs. Waterfront


AMICC adult softball

Aug. 9      6:30 p.m.  Tyler’s Ice Cream Twins vs. Island Gourmet Rays


Top Notch grand prize

Terry Martsolf of Seminole wins the grand prize in The Islander’s annual Top Notch photo contest with her image of brown pelicans playing follow the leader in Holmes Beach. Martsolf wins $100 from the newspaper and a bevy of gifts from Islander advertisers, including framing of the winning photo by Karly Carlson and certificates from Duffy’s Tavern, Mister Roberts, The Feast and Claire Marie Spa.

Real Estate – 08-07-2013

693 Key Royale Drive, Holmes Beach, a 5,025 sfla / 6,372 sfur 4bed/4bath/2car bayfront pool home built in 2003 on a 100×150 lot was sold 07/10/13, Taylor to Stewart for $1,925,000; list $2,150,000.

804 S. Bay Blvd., Anna Maria, 3,042 sfla / 3,512 sfur 4bed/3bath bayfront home built in 1961 on a 75×121 lot was sold 07/10/13, Fisk to Havasy for $1,526,750; list $1,749,000.

4001 Fifth Ave., Holmes Beach, a 2,478 sfla / 2,986 sfur 4bed/3bath/4car pool home built in 2004 on a 65×100 lot was sold 07/15/13, Glogovsky to Karam LLC for $800,000; list $845,000.

243 Willow Ave., Anna Maria, a 2,232 sfla / 3,678 sfur 2bed/2½bath/2car canalfront home built in 1985 on a 75×148 lot was sold 07/18/13, Leech to Honeywood LLC for $615,000; list $649,000.

616 Rose St., Anna Maria, a 1,492 sfla / 2,395 sfur 3bed/2bath/2car home built in 1994 on a 50×100 lot was sold 07/17/13, Quam to Gogos for $595,000; list $625,000.

117 51st St., Unit A, 123 52st Street Condo, Holmes Beach, a 1,536 sfla / 1,878 sfur 3bed/2½bath/2car land condo built in 1997 was sold 07/15/13, Campbell to Bayer for $512,500; list $539,000.

520 South Drive, Anna Maria, a 2,874 sfla 6bed/4bath canalfront home built in 1976 on a 60×100 lot was sold 07/19/13, Close to Benson for $469,700; list $550,000.

2107 Ave. C, Bradenton Beach, a 1,280 sfla / 1,592 sfur 2bed/2bath home built in 1945 on a 50×100 lot was sold 07/15/13, Rogers to Davis for $365,100.

6200 Flotilla Drive, Unit 245, Westbay Point & Moorings, Holmes Beach, a 985 sfla / 1,377 sfur 2bed/2bath condo with shared pool built in 1979 was sold 07/08/13, Doudera to Fogarty for $280,000; list $289,900.

Jesse Brisson, broker/associate at Gulf-Bay Realty of Anna Maria, can be reached at 941-778-7244.