Saturday, June 13, 2009

Should a Developer be Appointed to Anna Maria's Planning and Zoning Board?!

On June 4, 2009, the spokesman for and partner in Pine Avenue Restoration (PAR), Michael Coleman, applied for a seat on the City of Anna Maria’s Planning & Zoning Board (P&Z). 

P&Z’s function is to review all matters relative to land use and then make recommendations to the City Commission. At this time, it is reviewing all Land Development Regulations for consistency with the recently approved Comprehensive Plan. Other key duties include reviews of development site plans and property owners’ requests for variances to codes. 

When there is an opening on the P&Z, the Mayor recommends a replacement to the Commission. There is not yet an opening, but two terms are nearing completion, and any board member could retire at any time. 

Unlike ordinances that require public hearings and much pre-discussion, Mayoral appointments to committees and boards are approved via the consent agenda at regular City Commission meetings, pretty much as a formality. However, “the times they are a changing” (Bob Dylan, 1965): Mr. Coleman is the same person who recently instigated an initiative for a guest house, on behalf of PAR, that would have required a city code change to allow motels—a change that many thought we’d never see in Anna Maria. That effort failed because of a huge public outcry by many concerned Anna Marians. 

Now, just weeks following that stalled effort, comes Coleman’s application for a seat on the very board that makes recommendations to the City Commission regarding land use! 

This is not an issue about an individual. Neither is it about someone’s qualifications nor professed dedication to our community. The heart of the issue is simple: Is it in our best interest that the Mayor appoints the only person spearheading a major development and re-development of our community to a board that recommends policies regarding the City of Anna Maria’s future? (In case you might doubt whether the Mayor would be so bold as to appoint Coleman, her signature is one of ten on his application endorsing him for consideration.) 

It is important that people express opinions on this matter NOW. It’s all too easy to slip in appointments like this via the consent agenda. What do you think? Sound off with a Comment in this blog. Then email your opinion to the Mayor at ammayor@cityofannamaria.com. And request that your email be copied to all commissioners by copying the City Clerk at amclerk@cityofannamaria.com. 


15 comments:

  1. This comment was placed on the blog as a post by Diana Milesko. Once a topic is started, it is more appropriate to use comments to continue the thread.

    Administrator

    Coleman's June 4, 2009 application to the P&Z raises two concerns:

    1) By a simple majority vote in a quorum of four (3 votes), the P&Z can approve site plan development without going to the City Commission.

    A site plan is usually an architectural rendering that shows how a building sits on a property, its parking spaces, buffers, lot lines and setbacks, etc.

    Site plan approval is one of the most important aspects governing what kind of development occurs in the city.

    P&Z decisions on a site plan are supposed to reflect the overall desires of city residents.

    Unfortunately, this does not have to be the case. A P&Z vote of potentially 3 members could approve a site plan that is contrary to the desires of the majority of city residents.

    If Mike Coleman is on the P&Z he may be the deciding vote in allowing such a site plan.

    Such developments could dramatically change the residential character of our city.

    2) Motels are an example of development citizens do not want, given recent citizen outcry against PAR plans to build motels on both Pine Ave AND on the corner of North/Bay/Pine.

    I am referring to Lizzie Thrasher's 4/10/09 email to Mike Coleman suggesting the potential of motels on BOTH Pine Ave and on the waterfront.

    She wrote: "...it might help if everyone gets agitated about the potential for the WHOLE STREET TO GO MOTELSVILLE, if we then present a case for isolating the evil thing DOWN ON THE WATERFRONT...They've been scared, this would be less scary..."

    When a seat on the P&Z opens up, the mayor should think long and hard about recommending Mike Coleman, partner and spokesman of PAR, to fill it.

    Rather, the mayor's appointee should be an individual who reflects the overall desires of the citizens of Anna Maria.

    ReplyDelete
  2. This Comment comes from Roy A. Davis:

    It would seem to me that it would be a conflict of interest to have a developer on such a committee. Can anyone ask to get on the committee? Maybe there are some others who would be willing to serve who have enjoyed the ambiance of old Anna Maria and support our efforts to preserve our"backward ways".
    Roy Davis You are free to post this or send it on to the City commisioners.

    ReplyDelete
  3. This Comment is from Terry Shaefer, who asked that it be posted:

    DEAR MAYOR BARFORD,
    It has come to my attention that your have signed Michael Coleman's application to serve as a future P & Z Board Member.
    Your signature implies at very least, approval of Mr. Coleman's candidacy, at worst, it is a signal that you may have requested his
    service . Which ever is the case, I believe that such a selection on your behalf would be detrimental to our City, as we rely on
    neutrality, openness and fairness when evaluating zoning and codes issues for the City. Any individual seeking such a role and
    position for a municipality need be perceived to be unbiased by the public in order to gain it's trust and confidence. Inversely and
    in all fairness to our public officials, it would be difficult if not impossible to serve with effectiveness, if every position taken would
    be perceived by the public, to be biased by that individuals profession, past acts and stated ambitions. An analogy to this question
    could be," would an arsonist be a good consideration for a fire and safety board position"?, perhaps a stark comparison but, I hope
    that you understand the concern.

    My concern is not Mike Coleman as an individual, it is a concern of placing any individual in a position of public trust who has created
    a reputation for significant change, has pushed the limit of code revision and has felt the pressure of significant "push back" by the public,
    who in great numbers, rebuke his ambitions and do not share his vision for our City.

    My question to you Mayor is ; how could your constituents and our neighbors ever feel such a candidate would be neutral, unbiased and
    open when dealing with the business of the Board, and how difficult would it be for any such individual to be effective, if every statement and
    vote would be perceived by the public to be biased, for right or for wrong?

    My complaint to you is in no way, a matter of the character of the applicant but is, a question to you of the evaluation methods applied when
    deciding upon appointees, the balance that they represent to the position and the fairness and effectiveness that they bring to our City?

    Thank-you for your consideration, I await your answer, as does the community.

    Sincerely,
    Terry W. Schaefer

    ReplyDelete
  4. This Comment from Bev Battle:

    Oh my God,

    Will they ever give it a rest???? I shouldn't be shocked but I am appalled!

    ReplyDelete
  5. This email is from Marty and Jan Hiller:

    Dear Mayor,

    It was been brought to my attention that Michael Coleman (the spokesman for and partner in Pine Avenue Restoration) has applied for a seat on the Planning and Zoning. If this is indeed true, I believe a conflict of interest could exist. Allowing a developer, any developer, access to influence our cities direction via a seat on the P&Z board is dangerous.

    Anna Maria has survived and kept its intimate charm by enlisting the citizens of our community to guide its future direction. In most cases. These individuals did not have an economic stake in the outcome of any public policy created from their actions. Allowing business interests to potentially influence your board is not in our cities best interests.

    Sincerely,

    Martin Hiller
    Janice Hiller
    705 North Shore Drive
    PO Box 2111
    Anna Maria, FL 34216

    ReplyDelete
  6. This email was sent to the Mayor by Henry Blackburn:

    I suspect that community leaders will on occasion have a conflict of
    interest when appointed to councils and boards of the city, and have to
    recuse themselves on particular issues.

    But deliberate appointment of a person, no matter how generally
    knowledgeable, who is primarily involved in commercial development in the
    community, is inappropriate for the civic body determining zoning and land
    use. Or so it seems to me.

    Henry Blackburn
    790 North Shore Dr.

    ReplyDelete
  7. Mr. Blackburn makes a valid point regarding the recusals in the event of conflict of interest.

    The most recent recusal while I was on the Commission was by attorney Jim Dye. We were debating the signage ordinance, and he recused himself from the deliberations because he has a rental house in Anna Maria (that uses a sign)! That required us to hire another attorney for that issue. It, to me, really stretched the bounds of conflict of interest.

    Now, put that into perspective with our present situation where a developer, the only one in Anna Maria at this time, may be appointed to a board that makes decisions regarding land use. From the sublime to the ridiculous?

    Just how does someone in the land business contribute meaningfully to a board whose job is land use if he must recuse himself every time the board discusses land use? Better to leave the seat vacant?!?!

    ReplyDelete
  8. This email is from Nancy Newlon:

    Dear Mayor Barford and City Commissioners:

    It is my understanding that Michael Coleman has applied to be on the AM Zoning Board. To allow someone with the vested financial interest he has, or anyone else who has similar significant financial interests in getting zoning changed for their own financial benefit, is an outrageous conflict of interest. I am requesting and hope that you will reject this as an option.

    Thank you.

    ReplyDelete
  9. There seems to be a pattern emerging and it should be very worrying to residents of Anna Maria City.
    It seems to me that our Mayor fully supports PAR.
    She has denied it - openly at Commission meetings - but her actions appear to speak louder than her words.
    I for one was very impressed by the way the Mayor took over the running of the City - as Duke said she got it running like a Swiss watch. Unfortunately there is more to running the City than just being efficient. I believe she should be representing the views of the majority of her residents and in my opinion that does not appear to be the case.
    At a Commission meeting not so long ago she felt the need to point out that she was not affiliated to PAR. Many residents had expressed concerned that PAR would turn the area into an area full of wedding rentals. Immediately the Mayor asked Sgt Kenny to tell the room why rentals had not been and would not be a problem in the City - this was a highly embarrassing moment for at least one Commissioner I spoke to as this gesture made it clear where her affiliation lay.
    Anyone who had any doubt only needed to be walking out of City Hall after one of the more controversial meetings that had been held concerning changes that were being made to the LDR's. The LDR's up for change all had a direct impact on PAR, namely rentals, swimming pools, the changing of the use of the 5000 square foot lots. As we all know despite a room full of residents protesting the proposals they were passed. After the meeting several people witnessed the Mayor, Commissioner Tollette, Alan Garrett, Bob Welch, and Mike Coleman who were clearly visible from outside looking into a lit back room at City Hall(they forgot to draw the blinds!)hugging one another and appearing to be in celebratory mood.
    It was the Mayor who put forward the proposal on PAR's behalf (and subsequently withdrew it after massive protests) for a change of zoning to allow a hotel/motel.
    And it is the Mayor who is now endorsing Mike Colemans appointment to the P & Z board. As Mr Schaeffer so perfectly said " would an arsonist be a good consideration for a fire and safety board position"?.
    I, for one, would like the Mayor to give us her future vision for the City. We,as residents can then make an informed decision based on her views and her actions as to whether she is the Mayor we want for the City.

    ReplyDelete
  10. Over at City Hall, in the public read file, there is much correspondence that’s been submitted on the topic of Coleman’s application for the P&Z Board issue. Five more emails from people opposing Coleman’s potential P&Z Board appointment were submitted to the Mayor and Commissioners – emails that have not been posted to this blog to date. The message to the Mayor and Commissioners is very clear.

    I do want to add some information here, which I obtained from the public read file. Firstly, when Michael Coleman, submitted his P&Z application on June 4, 2009, the following 10 registered voters signed their names and addresses, in support of Coleman’s application for membership on the Planning & Zoning Board. : Dee Kring – 309 N. Bay Blvd., Stephen Kring – 309 N. Bay Blvd., Ed Chiles – 113 Tern, Dale Woodland – 134 Hammock Rd., Jo Ann Mattick – 876 N. Shore, Jean Cole Harris – 213 Sycamore Ave, illegible signature - 418 Pine Ave, Susan Brinson – 317 Tarpon, Gina Hogue – 711 N. Bay, Frances Irene Barford – 805 S. Bay Blvd..
    On June 9, 2009 Dale Woodland emailed Alice Baird, City Clerk, and wrote “Alice, I added my name to Mike Coleman’s application to be a member of the P&Z board. I wish to remove my name from formentioned application. Thank You, Dale Woodland.”

    On June 10, 2009, City Clerk Alice Baird emailed Mike Coleman and copied Diane Sacca, the Commissioners and Mayor, the following: “Good morning Michael, Please see email below from Commissioner Woodland. His email will be part of your application for the Planning & Zoning board, but we are unable to remove his name as it is a public record. Please note that you will need to bring in at least one more name to be added to your application. Thank you for your interest in serving the City of Anna Maria. Take care – Alice.”

    On June 10, 2009 Coleman emailed City Clerk Alice Baird and copied Diane Sacca, the Commissioners and Mayor, the following: ‘I am sure Commissioner Woodland has a good reason for recanting his early support for my p and Z board application since it was entered into the read file for public viewing. I will, of course, seek to replace him. Thanks, Michael”.

    On June 12, 2009 Coleman submitted to the City an addendum to his application which had 4 more supporters for his application to the P&Z board. Those 4 people are Sissy Quinn – 301 N. Bay Blvd., Chuck Webb – 502 Magnolia, Richard Thomas – 334 Tarpon, and (illegible first name) Pescitelli – 233 Gladiolus St.

    So as you can see, Mayor Fran Barford, Commissioner Jo Ann Mattick and Commissioner Chuck Webb have signed Coleman’s P&Z Board application. Hopefully, they will reconsider their initial support when they think through the ramifications of having Coleman on the P&Z. Citizens’ letters opposing an appointment of Coleman contain many excellent points. In my opinion, there would simply be too much conflict of interest in the appointment of Coleman for the good of the P&Z’s function and for the City. One commissioner has already requested that his name be removed from Coleman’s application. Hopefully the mayor and other 2 commissioners who signed their names will withdraw their support as well!

    ReplyDelete
  11. This email is from Mayor Fran Barford to Terry Schaefer in response to his email posted above:

    From: Fran Barford
    Date: June 15, 2009 12:16:40 PM EDT
    To: terry schaefer
    Subject: RE: P & Z Appointments

    We have so few residents willing to serve the community on boards and committees. The City’s role (including Mayor and Staff) is to administratively move an application for a board/committee position forward to the commission for their decision. Would love to have you offer to serve on a board/committee position. I have openings.

    Fran Barford
    Mayor
    City of Anna Maria
    PO Box 779
    10005 Gulf Drive
    Anna Maria, FL 34216
    Ph: (941) 708-6130
    Fax: (941) 708-6134
    ammayor@cityofannamaria.com
    Note: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

    ReplyDelete
  12. This email is from Mayor Fran Barford to Duke Miller:

    From: Fran Barford
    Sent: Tuesday, June 16, 2009 9:21 AM
    To: Duke Miller
    Subject:RE: Letter to the editor

    The mayor and staff move all applications for board/committee appointments through the administrative process. We verify all information is correct on the application. The Commissioners approve all appointments. If anyone applies for a committee appointment, the staff/Mayor make no judgement calls and move all applications forward for commission approval. It is not the staff or Mayor’s decision to eliminate anyone who meets the qualifications as outlined by commission policy.

    Fran Barford
    Mayor
    City of Anna Maria
    PO Box 779
    10005 Gulf Drive
    Anna Maria, FL 34216
    Ph: (941) 708-6130
    Fax: (941) 708-6134
    ammayor@cityofannamaria.com
    Note: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

    ReplyDelete
  13. Here is Anna Maria City Code relevant to the issue:

    Sec. 4.03. Powers and duties of the mayor.
    The Mayor shall: ...
    (m) With the Commission's approval, make assignments or appointments to all Anna Maria City Boards or Committees; and assignments or appointments to all non-City activities that require City representation.

    DIVISION 2. PLANNING AND ZONING BOARD
    Sec. 2-21. Established; appointment.
    (a) There is hereby created a planning and zoning board consisting of seven members who shall be qualified electors and residents of the city.
    (b) At time of appointment or during service on the planning and zoning board, the members of the planning and zoning board shall not hold elected or appointed offices in the city or be in the pay of an elected official of the city or be an employee of the city.
    (c) The members of the planning and zoning board shall be appointed by the mayor. The city commission shall approve all appointments to the board. In the event of a tie vote of approval by the city commission, the nominee's appointment shall be deemed approved. Appointments to fill a vacancy created by resignation, removal or otherwise, shall be filled within 30 days of the vacancy becoming effective. The appointment shall be made by the mayor and approved by the city commission in accordance with this subsection.
    (Ord. No. 300, §§ I--III, 5-5-69; Ord. No. 94-535, § II(1), 7-12-94)

    ReplyDelete
  14. This email is from Duke Miller to Mayor Fran Barford:

    From: Duke Miller
    Date: June 16, 2009 9:43:22 PM EDT
    To: Fran Barford
    Subject: RE: Letter to the editor

    Madame Mayor:

    With all due respect, your response to my email and others does not jibe with existing city code, nor my experience in office.

    During my three terms, all Mayoral appointments were presented to the commission for approval as part of the consent agenda, in conformance with Section 403 (m) of the City Code. It's pretty clear.

    Here is the basis for the way it has been in the past, and to my knowledge remains:

    City Code: Sec. 4.03. Powers and duties of the mayor.
    The Mayor shall: ...
    (m) With the Commission's approval, make assignments or appointments to all Anna Maria City Boards or Committees; and assignments or appointments to all non-City activities that require City representation.

    DIVISION 2. PLANNING AND ZONING BOARD
    Sec. 2-21. Established; appointment.
    (a) There is hereby created a planning and zoning board consisting of seven members who shall be qualified electors and residents of the city.
    (b) At time of appointment or during service on the planning and zoning board, the members of the planning and zoning board shall not hold elected or appointed offices in the city or be in the pay of an elected official of the city or be an employee of the city.
    (c) The members of the planning and zoning board shall be appointed by the mayor. The city commission shall approve all appointments to the board. In the event of a tie vote of approval by the city commission, the nominee's appointment shall be deemed approved. Appointments to fill a vacancy created by resignation, removal or otherwise, shall be filled within 30 days of the vacancy becoming effective. The appointment shall be made by the mayor and approved by the city commission in accordance with this subsection.
    (Ord. No. 300, §§ I--III, 5-5-69; Ord. No. 94-535, § II(1), 7-12-94)

    If it has changed, or if I'm not interpreting the preceding correctly, i.e., that the Mayor appoints citizens to boards and committees which are subject to approval by the commission, please enlighten me.

    Respectfully,

    Duke Miller

    ReplyDelete
  15. Was asked to post this one:
    To: Mayor Fran Barford Pursuant to the contact my wife Vickie and I have had directly with you in the past, we had found you to be a person of good reasoning and personal integrity. Seemingly decisions you have made would reflect considerations for what was first and foremost always the best for our beloved Anna Maria. We were quite surprised to hear of Mr. Colemans intentions of be granted a post on the Planning & Zoning board. The old adage of “Don’t Ever Let the Fox Mind the Chicken Coop” immediately came to mind. We appreciate your embarrassment from such a suggestion and are quite sure you will find a polite way to say thanks but no thanks to Mr. Coleman and accordingly put an end to this nonsense once and for all. You certainly understand that an overwhelming number of Anna Maria property owners would expect and support your denial of board access actions wholeheartedly. Thank you for considering our comments, Gary & Vickie Simmons, 123 Crescent Drive, Anna Maria.

    ReplyDelete

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