NEWS

4THE SUN ISLAND NEWS

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IN BRIEF

Memorial Day Patriotic Symphony Salute is Monday

The city of Anna Maria will host its annual Memorial Day Patriotic Symphony Salute on Monday, May 30 from 10-11:30 a.m. under the shade sail structure at City Pier Park. The free event will feature the Anna Maria Island Concert Orchestra performing patriotic music. On behalf of the city, Mayor Dan Murphy, a veteran, will honor those who sacrificed their lives in service to our country. Murphy and the city will also honor, by the branch in which they served, the military veterans in attendance at Monday’s event.

JOE HENDRICKS | SUN The annual Memorial Day Patriotic Symphony Salute begins Monday at 10 a.m. at City Pier Park.

Memorial Day trash and recycling pickup schedule

Waste Pro and Waste Management customers can expect a change to trash, yard waste and recycling pickup service over the Memorial Day holiday. No pickups will take place on Memorial Day, Monday, May 30. Customers with a regularly scheduled pickup on Mondays can expect that pickup to take place on Tuesday, May 31. Pickups the rest of the week will follow the normal schedule with no residential pickups taking place on Saturday or Sunday. Regularly scheduled service will resume the following week starting on Monday, June 6.

Noise violation lawsuit on Thursday agenda

The Anna Maria City Commission meeting on Thursday, May 26 at 6 p.m. will begin with general public comment on items not included on the agenda, followed by a proclamation for National Safe Boating Week. The commission will receive a presentation from The Center’s executive director, Chris Culhane. The mayor will provide a status update on the South Bay Boulevard and Crescent Drive speed table installation project and also on the Reimagining Pine Avenue bid solicitation process. City Attorney Becky Vose will present the commission with a proposed lawsuit regarding repeat noise violations at 313 Magnolia Ave. (see story on Page 5). The mayor and city clerk/treasurer will provide the commission with a timeline for the upcoming annual city budgeting process. The consent agenda includes reappointments of Historic Preservation Board members Jack Brennan, Thomas Wagner and Gary McMullen and special event permits for the Fourth of July celebration and parade, the Sandbar restaurant’s Saturday, July 2 fireworks show and the Bean/Bloom wedding taking place in November. Anna Maria City Commission meetings can be attended by phone by calling 1-929-205-6099 and entering the meeting ID: 853-9200-0280.

Expanded outdoor seating remains in effect

The city commission is not yet ready to set an expiration date on the expanded outdoor seating allowances provided in response to the COVID-19 pandemic.

BY JOE HENDRICKS

SUN CORRESPONDENT | jhendricks@amisun.com

BRADENTON BEACH – The city’s expanded outdoor seating allowances for restaurants and bars will remain in effect for the foreseeable future.

On May 19, the city commission reached the unanimous consensus that it was not ready to set an expiration date for the temporary outdoor dining and seating allowances adopted in a 2020 city ordinance and renewed and clarified in 2021 to assist local restaurants, bars and retail businesses with their recovery from the COVID-19 pandemic.

Thursday’s decision allows establishments to continue using their expanded outdoor seating areas, including those that feature live music.

Thursday’s discussion was prompted by comments that Old Bridge Village condominium residents Bruce Herard and David Bell made during the commission’s May 6 meeting. Herard and Bell urged the commission to allow the temporary seating allowances provided for in Ordinance 21-533 to expire because there are no longer any federal, state or local social distancing requirements imposed on restaurants, bars and other establishments.

Herard also expressed concerns about the volume and location of the live music at the nearby Bridge Tender Inn. Bell expressed concerns about temporary tents that are not allowed by city code becoming permanent fixtures.

DEBATE AND DISCUSSION

When Thursday’s discussion began, Commissioner Jan Vosburgh said, “I’m all for helping the businesses, but I think it’s time we helped the citizens.”

Vosburgh said she recently received a phone call from a resident on Fifth Street South who said he and his wife are having “a terrible time with the noise” that is diminishing their enjoyment of their home. However, after hearing from business owners, employees and other commission members, Vosburgh changed her mind and expressed support for continuing the expanded seating allowances.

Commissioner Jake Spooner said COVID-19 cases are surging again and this is not the time to reduce outdoor seating. He suggested the expanded seating allowances remain in effect at least until the summer tourist season slows in mid-August. He said this would also benefit the employees who rely on their June and July earnings to help get them through the slower late summer and early fall months.

During public input, Drift In manager Doreen Flynn said many customers don’t want to sit inside anymore and feel more comfortable sitting outside in the expanded, tent-covered seating area. Flynn said residents experiencing noise issues need to call the police.

Bridge Tender Inn owner Fred Bartizal said, “I love the Bridge Tender and I hate to see it attacked. Our seating is approved. We did not add any seating. The seating would not change. We would still have outside entertainment because we had that before COVID. All we added were the tents.”

Bartizal compared the residents’ noise complaints to those made by people who purchase homes near an airport and then complain about the noise.

Drift In owner Joe Cuervo said he lost more than $800,000 in revenues during the pandemic and is just now starting to catch up on those losses.

Wicked Cantina owner Mike Dolan said the additional outdoor seating keeps customers and employees safe.

“70% of our business is on the patio. We have empty tables inside. People will wait up to an hour to sit outside because of COVID,” he said.

He then held up a copy of that day’s Wall Street Journal which featured a story about the current surge in COVID cases.

Bell said most residents are pro-business and like being close the Bridge Street businesses. He then reiterated his concerns about the tents covering the expanded seating areas.

“A lot of the restaurants didn’t take this tent option because their kitchens and their staffs are limited and they can’t serve food to that many people, but the bar can expand. The tents are permitting the expansion of alcohol sales. If we want to open the front door to expanding liquor sales then let’s do it the right way. Let’s not do this back door way,” he said.

Police Chief John Cosby said the Bridge Tender Inn has not been cited for any noise violations and when residents have asked for decibel meter readings, those readings were within the allowed noise limits.

JOE HENDRICKS | SUN The Bridge Tender Inn’s expanded outdoor seating area will remain as is until further notice.

Noisy vacation rental home declared public nuisance

The city now intends to take the property owners to court.

BY JOE HENDRICKS

SUN CORRESPONDENT | jhendricks@amisun.com

ANNA MARIA – Special Magistrate Jerry Buhr has declared a vacation rental home at 313 Magnolia Ave. to be a public nuisance due to repeated noise ordinance violations.

The city of Anna Maria now plans to file a lawsuit against the property owners, which could potentially result in the suspension of the property owners’ city-issued vacation rental license.

Code Enforcement Manager Sandy Olson presented the city’s case and its requested actions to Buhr during the May 18 code enforcement hearing at city hall. In addition to having the Magnolia property declared a nuisance, the city also sought $389 for administrative fees, court reporter fees and case-related postage.

The vacation rental home is owned by Mangoes on Magnolia LLC, registered to Orlando-based brothers Mukesh and Raju Patel, both of whom attended Wednesday’s hearing remotely on Zoom. According to Olson, the rental property is managed by Vacasa and the hearing agenda referenced the Vacasa office in Holmes Beach.

“This property has been cited for noise violations on five separate occasions within a period of nine months. Section 26-95 (of the city code of ordinances) states that three or more violations occurring at the same premises within any 12-month rolling period shall be deemed prima facie evidence that the premises is a public nuisance,” Olson said during her opening remarks. Manatee County Sheriff’s Office deputies issued noise violation citations to rental guests at 313 Magnolia Ave. on June 5, 2021, Aug. 28, 2021, Oct. 9, 2021, Oct. 22, 2021, and March 16 of this year.

Olson’s presentation included testimony given by deputies Paul Boos and Max Penberthy. Boos issued the first noise ordinance violation citation and Penberthy issued the next four. The deputies provided detailed accounts of each encounter that resulted in a citation being issued. Olson also presented body camera videos that documented the deputies’ encounters with those receiving citations.

All five citations were issued as a result of the loud music and/or talking the deputy heard when responding to a noise complaint. In each instance, the deputies explained to the rental guest that the first offense results in a $35 fine for the person renting the home, with the fines escalating to $250 for a second offense and $500 for a third offense during the same rental period.

Cindy McAnulty and her husband own the duplex at 311 Magnolia Ave. and made four of the five noise complaints that resulted in citations being issued. McAnulty said the couple lives in one unit and uses their other unit as a vacation rental that’s never been the subject of a noise complaint.

McAnulty said she’s a sound sleeper but has often been awakened by the noise coming from the house next door. She also said some of her vacation rental guests have mentioned the noise next door.

JOE HENDRICKS | SUN This vacation rental home at 313 Magnolia Ave. has been declared a public nuisance.

SEE NOISE, PAGE 43