Board revisits approval of coconut tree

The Bradenton Beach city attorney is drawing up paperwork to minimize city liability.

BY LESLIE LAKE SUN CORRESPONDENT | llake@amisun.com

BRADENTON BEACH –

The City Commission has reconsidered and reapproved a motion to allow a coconut palm tree to be planted at the city-owned Anna Maria Oyster Bar (AMOB) by its lessee John Horne.

The motion was approved on July 20 in a 3-1 vote with Commissioner Jan Vosburgh voting no, and was brought up again in a motion by Mayor John Chappie at an Aug. 3 commission meeting after a consultation with Horne.

Vosburgh again cited concerns about liability to the city from falling coconuts.

“I would like to make a motion to reconsider the motion made by Commissioner (Ralph) Cole on July 20, regarding the approval of the landscape plan presented by John Horne of AMOB,” Chappie said.

“Before I can make the motion to reconsider I need to pass the gavel to the vice-chair; before I can pass the gavel I need to ask to for a motion, and I’m choosing Ralph Cole as the temporary vice-chair of the City of Bradenton Beach Commission since our current vice-chair (Marilyn Maro) has been absent with an excuse,”

Chappie said.

The motion to appoint Cole passed unanimously.

“I have some further information I’d like us to discuss,” Chappie said. “The original motion is on the floor for us to debate.”

Chappie handed out copies of the original landscaping motion and said he had a recent meeting with Horne.

“If we did go with the coconuts - and we all have concerns about the liability issues and the concern in that area - the discussion we talked about was Mr. Horne signing a maintenance agreement where he would be responsible for making sure when the seeds come up the trees would be trimmed,” Chappie said. “Even the little ones I’ve seen come off at times. He indicated that he would sign a document that he is going to be responsible and Ricinda (City Attorney Ricinda Perry) at our last meeting talked about making up a document that would hold him to that.”

Chappie indicated that if Horne did not adhere to the agreement, his entire lease could be in jeopardy, including his ability to sell alcohol.

Cole said he had no problem with the tree as long as an agreement was in place.

“My theory is we should not have coconut palms at all,” Vosburgh said. “Why can’t he just choose another tree?”

Commissioner Jake Spooner asked for clarification on common areas and whether or not Horne’s liability insurance would cover any potential injuries.

“The area where he is relandscaping and the fence will become part of the common area,” Perry said. “I’m not satisfied that’s enough protection for the city’s liability.”

Perry said she would require an indemnification and hold harmless agreement to offer protection for the city.

“If the city were to be sued, he would be required to pay legal services and he would be required to pay any damages that are awarded,” she said.

“Why put ourselves in that position when you could plant a different tree?” Vosburgh asked.

“I think the agreement forces the act of trimming to be done well before there’s coconuts,” Chappie said.

Spooner noted that Horne does what he says he will do.

A motion to amend the original landscape motion adding the phrase, “shall be maintained to not produce coconuts” was passed by a vote of 3-1 with Vosburgh voting no.

Firefighters help save local animals

West Manatee Fire Rescue crews L139, R138 and B1 responded to a call on July 22 from an Anna Maria Island Turtle Watch representative to help free five newly-hatched sea turtles from a storm drain in Bradenton Beach. The hatchlings were all safely removed and the crews cheered the sea turtles on as they were released into the Gulf of Mexico.

Water quality report

Water quality at area beaches is based on monitoring of enterococcus bacteria levels, which can pose an increased risk of infectious disease. Coquina Beach North Good Coquina Beach South Good Bayfront Park North Good Cortez Beach Good Manatee Beach North Good Palma Sola South Good

Source: Florida Department of Health