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VOL 17 No. 17
February 8, 2017
Occupancy appeal being withdrawn Withdrawal of the court appeal would mean the city’s eight-person vacation rental occupancy has been upheld. BY JOE HENDRICKS SUN CORRESPONDENT | jhendricks@amisun.com
the Florida Department of Transportation in 2015 and again in 2016 about reducing the speed limit along the quarter mile stretch of road in Holmes Beach. The state agency responded by lowering not only the speed on the stretch of Island road, but also across the bridge on the approach to Holmes Beach. Tokajer said his primary reason for requesting the change is increased safety on a shared road. With the road frequented by pedestrians, cyclists and motorists, he said the speed limit needed to be lowered to help prevent accidents. Another reason for the slow down is the amount of traffic going in and out of Kingfish boat ramp.
ANNA MARIA – The vacation rental company that unsuccessfully challenged the city of Anna Maria’s eight-person occupancy limit has begun the process of withdrawing its appeal to a higher court. Last week, City Attorney Becky Vose received notice of voluntary dismissal from attorney Randolph Smith and the Najmy Thompson law firm. Smith represents Florida Gulf Coast Vacation Homes LLC doing business as Anna Maria Vacations. Florida Gulf Coast Vacation Homes LLC is registered to Joe and Kelley Varner. “Appellant, Anna Maria Vacations, hereby voluntarily dismiss with prejudice this pending appeal. Each party shall bear his or its own attorney’s fees and costs,” the notice states. Vose acknowledged receipt of the notice, but as of Monday morning it had not yet been formally filed with the Second District Court of Appeal in Lakeland or the 12th Circuit Court in Bradenton where the case was first argued in April. Withdrawal of the appeal would equate to the original court ruling being upheld, which would mean the city could continue to limit vacation rental occupancy to eight people for rental owners who have not received temporary five-year grandfathering exceptions or permanent two-plus-two occupancy exception granted as a means of settling a Bert Harris claim. Vose said the city does not agree with the final sentence that pertains to each party paying its own legal fees. She holds this position because in April the city submitted a notice of filing prior to the circuit court hearing that notified Anna Maria Vacations and their attorney that the city would seek reimbursement for legal fees accrued, as allowed by Florida Statute 57.105. If the appellants do not amend their position on legal fees, Judge Gilbert Smith Jr., the issuer of the original circuit court ruling, would be asked to conduct a hearing to determine who pays the city’s attorney fees.
see speed, page 40
see appeal, page 40
MAGGIE FIELD | SUN
New speed limit signs dot the right of way along Manatee Avenue into Holmes Beach, slowing drivers entering and exiting the city.
Road rage
Lowered speed limit gets reaction BY KRISTIN SWAIN SUN STAFF WRITER | kswain@amisun.com
HOLMES BEACH — Drivers crossing the Anna Maria Island Bridge may have noticed a recent speed change. The slow down going in and out of Holmes Beach via Manatee Avenue isn’t all due to extra traffic. Beginning Jan. 30, the speed limit from the Manatee Public Beach on Manatee Avenue to the Anna Maria Island Bridge was slowed to 25 miles per hour. Speed across the bridge was slowed from 45 to 35 miles per hour. Holmes Beach Police Chief Bill Tokajer, who also serves as the city’s traffic engineer, reached out to
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