Public Records Dispute Hopes' Claims about Beach Market Contract

BRADENTON – The topic of the county taking over operations of the Coquina Beach Market was raised during last Tuesday's BOCC meeting. The brief discussion focused mainly on why the county had taken the action, whether commissioners should have been made aware of the administration's intention to cancel the vendor's contract before doing so, and whether the decision counted as a policy decision that should have come before the board for approval.

During commissioner agenda items, Commissioner Misty Servia expressed concern that County Administrator Scott Hopes had not briefed her on the beach market prior to the vendor's contract being canceled. Servia said she went without a briefing despite having requested one after commissioners received hundreds of emails from market vendors in June. Vendors who wrote to commissioners asked them to preserve market operations.

Servia said that it was not until after the administrator had officially ordered the "deletion" of the county’s contract with Nancy Ambrose–the manager of the beach market–that she became aware the administrator planned to take any action against the market.

"I felt that this is something that should have come to this board as a policy decision," Servia said Tuesday.

Servia also said that of a hundred or more emails she received from market vendors, none were critical of the market’s current operations or of Ambrose.

In TBT’s reporting last week, Manatee County Unexpectedly Cancels Contract with Coquina Beach Market Vendor, other commissioners shared concerns similar to the ones Servia raised in Tuesday's meeting. Some commissioners believed that changes to the market's operations should have come before the board, particularly because the topic was raised in a June BOCC meeting. The board mutually agreed at that time that significant changes to market operations were unnecessary.

But during the meeting Tuesday, Administrator Hopes pushed back on the assertion that the item should have come before the board. Hopes insinuated that because the beach market was not originally put in place by board action, board action was not required to cancel the contract.

"According to my purchasing department," Hopes said, "this was not something that came before the boardÉ and so we are where we are because of that."

Commission Chair Kevin Van Ostenbridge–the only commissioner to confirm having prior awareness of any identified issues or possible actions against the market–appeared to believe Hopes’ assertion that the board had never taken any official action in the establishment of the beach market.

"I don’t know that this board voted to start the beach market," said Van Ostenbridge. "So, it's not necessarily a policy the board voted and set–I think that is why it was handled administratively."

BOCC meeting minutes and agenda records show that the beach market was, in fact, established through more than one vote by county commissioners.

A January 8, 2013, meeting agenda item was titled, "Authorization to Solicit a Small Dollar Concession." The meeting's agenda packet provided background on the item, "The Parks and Recreation Department is seeking authorization from the Board of County Commissioners to allow the Purchasing Division to solicit a small dollar concession for a produce and merchandise market at Coquina Beach."

In the attached description, the packet detailed the approval requested of the board for staff to proceed.

"Approval to proceed to engage in a competitive solicitation process to identify a vendor who can provide coordination of an open-air market in the proximity of the Coquina Beach Cafe on all Sundays except Holidays, from November through April," the agenda attachment detailed.

Meeting minutes from the January 2013 meeting show the board approved the consent agenda item unanimously with a 7-0 vote.

Ultimately, it was Ambrose's bid for the lease agreement that "won" the contract with the county for the beach market. On February 14, 2014, the county awarded a market vendor coordinator agreement to Ambrose. When the contract was amended in 2017, the item again came before the board on consent, and again, it was approved by the board in a 7-0 vote.

Over the years the contract agreement for the operation of the Coquina Beach Market was amended and restated by the county. Its most recent reinstatement occurred in 2020 when the county entered into an amended licensee agreement with Ambrose with terms that extended through 2025. The renewed contract language details the historical timeline of actions that established the license agreement.

To replay the brief discussion about the beach market during Tuesday's county commission meeting, click the video below.

Aside from alleging the beach market never came before the board for approval, Hopes also alleged on Tuesday that he never briefed commissioners on the market because there was nothing to brief them on. Hopes said that while public safety staff had brought concerns to him, he had only attended a tour of the beaches to follow up on staff concerns. Hopes insisted he had not approached county staff with any concerns prior to the market vendors initiating an email campaign to commissioners in mid-June, and that he had no plans at that time to take any actions against market operations.

"You weren't made aware of it because no discussion had been had with staff," Hopes explained. "I had made no conclusions. I had only listened to staff about historical problems related to activities of the beach market."

As TBT previously reported, public record emails conflict with Hopes' assertion that he had not addressed staff about the market. In late May, Hopes sent emails to staff–weeks prior to market vendors sending emails to commissioners. Hopes' emails demanded explanations and reports from staff about the market. Hopes included a summary of problems he had identified with the market as far back as late-May–problems that some commissioners have since alleged the administrator never briefed them on.

In one email, dated May 27, Hopes stated his intention to direct code enforcement to examine any permit related to the market.

"I do not know who is responsible, or accountable, but this is a problem," Hopes wrote in an email to staff.

In another email, Hopes directed staff to provide him with a "revenue report" on the market–something that staff produced per his directive.

As TBT previously reported, multiple beach market vendors claimed to have witnessed an incident involving the administrator who appeared confused and angered by the market when he arrived during his beach tour with staff. While none of the vendors were comfortable having their names used in our reporting for fear of reprisals, each told TBT that they personally sent emails because of what they witnessed that day.

Although TBT agreed to protect the identities of vendors who spoke with us, each vendor provided their names to TBT–the majority also disclosed their business names for verification purposes.

During Tuesday's meeting, Hopes referenced an email he said he received from a market vendor who shared numerous complaints about market operations and market organizer, Ambrose. Servia also referenced the email, referring to it as an "anonymous email." But Hopes denied that categorization, insisting that the email was assuredly from a market vendor because it contained attachments that included communications that Ambrose sent to market vendors.

TBT obtained a copy of the "anonymous" email and in a phone call, Ambrose told TBT she was unaware of any market vendor with the name of "Sara Nitrap"–the name that appeared as the email's sender.

In the email's opening sentences, the sender wrote that they were sending the email "anonymously." The sender claimed to be a market vendor before making numerous accusations against Ambrose. One charge that Hopes repeated during Tuesday's meeting was that Ambrose had threatened vendors back in June that they "must" send emails to commissioners, or else Ambrose would not give them a space at the market.

Utilizing public records, TBT was able to make contact with additional vendors in an attempt to verify the allegation. We made contact with nearly 20 vendors who participated in the June email campaign. Speaking with each vendor independently of another (some by phone and some via email) everyvendor reached for comment categorically denied being threatened by Ambrose.

"Nancy did not threaten me or anyone else at the Coquina Beach Market," wrote one vendor in an email. "Nancy has been nothing but helpful to all of us vendors and she will be greatly missed."

The vendors expressed dismay with the situation but feared that speaking publicly about it could result in the county denying applications to participate in the market that is now under county management. Vendors explained that the beach market is a significant source of exposure and revenue for their businesses.

One vendor who spoke to TBT by phone said, "I sent the email because the county made several recent changes. They changed market hours and what time the gates were unlocked in the morning for setup. Combined with hearing about the scene that took place at the market, it just gave everyone the impression that someone downtown didn't like the market being out there. We wanted commissioners to know how important the market is to us."

Multiple vendors echoed each other's opinion of Ambrose, saying she "ran a tight ship" and was a "stickler" for making sure vendors followed the rules set by the county. Several described how Ambrose "rode" vendors to "clean up their spaces" after closing so as not to imposition county staff.

Vendors who said they watched Tuesday's meeting wanted TBT to know that–based on their experience–the market did not "restrict" beachgoers from accessing the beach or picnic tables.

"The market is a line of tents. You can walk around them and between them. There are always people using the picnic tables behind the market and enjoying the beach. Our tents do not keep anyone from enjoying the beach," one vendor insisted.

What Happens Next?

It is unclear whether the decision to cancel the county's contract with Ambrose can be brought before the board for any subsequent action after the contract was already ordered terminated by administration. Some of the market vendors who spoke with TBT said they hoped the item would be added to a future meeting agenda and that the board would review the administrator's decision, and potentially consider reversing it.

Based on a press release issued by the county Thursday, the county is moving forward with its planning for the future operation of the market.

"Manatee County leaders are working behind the scenes to create a more engaging and enjoyable experience when the Coquina Beach Market reopens in November," the press release said. Vendors who are interested in participating in the upcoming season were instructed to download an application through the county's website.

Dawn Kitterman is a staff reporter for The Bradenton Times. She covers local government and entertainment news. She can be reached at dawn.kitterman@thebradentontimes.com.