Clerical error could prove costly for Crooked Thumb Brewery
By 
Ever since Crooked Thumb Brewery began brewing and selling beer in October 2015 from a remodeled auto body shop at 505 Tenth Avenue South, the business has been a big hit with residents, visitors, the craft brewing community, even Safety Harbor city officials.
But the discovery of clerical error—the city’s failure to properly advertise the first reading of the 2014 ordinance that allowed microbreweries to be built in the SC2 district—could spell trouble for Safety Harbor’s only microbrewery.
Chris Nichols, co-owner of Mastercraft Cabinetry across the street from Crooked Thumb, brought the issue to light during the City Commission meeting Monday night, and the snafu could have damaging ramifications for brewery owners Kip Kelly and Travis Kruger, who have been under fire recently for noise and traffic issues stemming from the escalating popularity of their establishment.
“I’ve been doing some digging and I found some evidence that there’s things that are not zoned properly in the City of Safety Harbor, legally,” Nichols said during the Audience to Be Heard portion of Monday’s meeting. “Basically, on Ordinance 2014-03, there was only one legal ad that went out.”
“This was passed in four meetings, two Planning and Zoning and two City Commissions, and again, there was only one public hearing on this matter, which makes that in violation of State Statute 166.041.”
Indeed, Section 3(a) of the statute states, “a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting”.
According to city officials, Nichols is correct; the City Commission’s first reading of the ordinance in March 2014 was not advertised in the local newspaper due to what is being called a clerical error and an honest mistake.
That mistake, however, must be legally corrected, meaning the ordinance must be re-announced, discussed, with public input, and voted on again.
“Staff and I discussed it, and we’ll be bringing forward the re-adoption of the ordinance,” City Attorney Alan Zimmet said when asked by Mayor Andy Steingold.
No time frame has been given for the readoption process.
When asked about the potential ramifications of the situation, Mayor Steingold said he didn’t believe the mistake would lead to the actual closure of the brewery, which in a short time has evolved into one of the most popular spots in town.
However, the issue is apparently being used as leverage for those who now claim the brewery should never have been allowed in the character district in the first place.
“The year I was gone, the City Commission approved microbreweries in the SC-2, and over the last three years I suggested it’d be nice to make it a special district without realizing the profound effect Crooked Thumb has had on the surrounding residential area,” Steingold told Safety Harbor Connect after Monday’s meeting.
“I began to get input on how they felt—no one said anything degrading about Crooked Thumb itself, everybody loves it,” he added.
“The problem is, Crooked Thumb is in the wrong area. There’s not enough parking, and the noise during outdoor events travels and disrupts the neighbors.”
The mayor, who was overseeing his final full meeting after deciding not to seek reelection in next Tuesday’s municipal election, finished by saying Crooked Thumb is “a great addition to Safety Harbor, it’s just in the wrong location.”
Nichols also praised the brewery and said he does not want it to close.
What he does want to see happen is the parking and noise problems addressed to the satisfaction of the surrounding neighbors.
“I don’t want the brewery to shut down or anyone to lose their jobs,” Nichols said when reached by phone on Thursday. “What I want to see happen is to get the citizens and residents around Crooked Thumb to say what they’d like to see happen, to give them a chance to speak out about it.”
“I think the brewery is in a good thing for Safety Harbor. Maybe it’s not in the ideal location due to parking issues, but there’s parking problems everywhere in downtown Safety Harbor.”
When contacted for comment, Kelly, who has sunk considerable money, time and effort into making the brewery fit in the community, was understandably upset with the turn of events.
“I actually heard about the apparent error last Friday-which was described to me by city staff as a simple clerical error made by the city,” Kelly said via email. “It was explained to me as a simple cure. However, as you know, we are nearing the climax of some hotly contested commissioner races, and I think the timing of this issue could have some political overtones. I can say that neither myself nor anyone affiliated with the brewery did anything untoward during the zoning approval conducted by the city in 2014. We opened our brewery with the best intentions, and we reasonably relied on the city’s zoning approval process in doing so.”
Regarding the comments that brewery is a good thing for the city, just in the wrong location, a sentiment recently echoed by mayoral candidate Janet Hooper, Kelly was disappointed.
“I have heard some city officials mention that they love Crooked Thumb, but that it’s in the wrong location,” he wrote.
“I will say that for anyone who really loves Crooked Thumb, they know that the success and magic of the brewery is precisely due to where it is located. Read any of our online reviews and you’ll see time and time again “great vibe”, “great atmosphere”, “cool place”.
“Yes, we have some parking challenges that we are continuing to solve, and will solve,” he continued.
“But what makes Crooked Thumb special in addition to its people, its beer and its amazing guests, is the experience people get while drinking our beer in our particular location. The success of the brewery is inextricably linked to its precise location and the “vibe’ that location creates for our guests…it’s not the kind of vibe that can be manufactured or recreated. Its genuine, Its authentic.”
Finally, when asked how he felt about potentially having to shutter the brewery’s garage doors should things not go his way during the ordinance readoption process, Kelly was definitive.
“If because of a clerical error we are forced to move or close our doors, it would be a huge loss to our community and a sad day for the many people who take pride in their hometown brewery.”
“I trust that our city’s leaders, whoever they may be after March 14, recognize we are innocent victims of a city clerical error, and I am hopeful they re-approve the zoning not only because of the tremendous good Crooked Thumb does for so many people in Safety Harbor, but also because it’s the right thing to do.”
Related content:
- Crooked Thumb Brewery officially opens in Safety Harbor
- Crooked Thumb Brewery takes root, branches out
- SHCC approves code amendments for food trucks, outdoor music, entertainment
Crispers is closing. Maybe Crooked Thumb can take over that space.
Well, it is no wonder that the world is the way it is, when a “Small town” like Safety Harbor can’t even get along with one another! As a native to “Safety Harbor”, I have seen so much of this negativity over the years. Again, we are all “People” and we need to learn to “LOVE” one another, to take care of one another and to grow together, as a community of human beings.
Let ego’s step aside and let’s start working together, approach everything with “LOVE” and let’s make Safety Harbor even a cooler town than it already is, despite all of the negativity. There has always been different behaviors in the city hall but just like everything else, you just need to learn of everyone’s unique personalities and work from there. Remember that we are all people and that we need to learn to work together to make things right!
The people of Safety Harbor enjoy the “Uniqueness” of our town and being that we all are “Unique”, let us blend our “uniqueness” to create a town of harmony, love, cooperation and togetherness… that can be a beacon of light for others in the world to see and follow! We CAN be an example to the world of how to get along with one another, if you choose to! It is our choice… to be kind towards one another, to help the community to grow and to be “ONE” with each other… or we can continue with the hate and dissension that will get us no where, except to the “Highway to hell!”
Renovating my home and will NOT be using mastercraft.
I live up Sumner Blvd around the corner and it’s not that bad with traffic. All of Safety Harbor has parking challenges, but honestly here is not as bad as downtown. As a local neighbor I like them there.
Sounds like Nichols and Steingold may need an asswhipping.
I don’t think the guy in the mosey oak hat discovered this clerical error on his own. Makes you want to think twice about using Mastercraft Cabinetry in Safety Harbor for your next renovation project. I wonder what Mastercraft Cabinetry has been doing to support downtown Safety Harbor?
Dennis – you hit the nail on the head. Can’t tell you how many people have thought the same thing. Something is fishy about this investigative reporting. It has been observed that Hooper has recently spent “a lot of time going thru City records”. Coincidence? Don’t believe in them.
What a bunch of incompetent a holes
Save Crooked Thumb Brewery! Save the Post Office! We need city leadership that will work hard for the residents of Safety Harbor. Vote Joe, Scott and Carlos. Let’s make the right decisions for Safety Harbor.
Let’s take one of the best things that has happened in Safety Harbor in a long time and threaten them about a potential closure because of a screw up on the city’s part. Let’s make a business that is bringing foot traffic and visitors that we are needing in this town and risk losing it because of a mistake. If that’s what our commissioners do they will regret it. Our commissioners need to get their heads on straight, and wake up to reality. Not fair to punish one business that is actually doing something good for this town.
This is just more proof that the Janet Hooper crowd is seriously anti-business…
Wrong!
Status Quo alert!
“I think it’s in the wrong place.” Janet Hooper on the Crooked Thumb last week.
Janet Hooper as mayor will put this business in jeopardy. People need to get out get Joe Ayoub into office and save our businesses.
How dare the owners of Crooked Thumb create a popular, profitable business in Safety Harbor? To make matters worse, unlike their neighbor across the street, they have cleaned up their property so it doesn’t look like a dump. This is NOT what Safety Harbor is about. We loathe success and hate new things!
Tom
I’m pretty sure that this will end up burning Safety Harbor more than it would to Brewery. If I were the owners of the brewery and it gets shut down because of this, I would be suing for every last dime it cost me to open there, every last dime it would cost me to move somewhere else, and every last dime it would cost me to reopen, as well as estimated loss of Revenue.
Absolutely right. The incompetence of the Safety Harbor government is galactic.
Well said Mike!
As a Safety Harbor resident for five years now and a frequent patron of Crooked Thumb, I find it ridiculous that such a positive and thriving business that has brought so much to our community could be imperiled by such a picayune complaint. Mr. Nichols notes in that this was not some secret deal, struck in the dead of night without warning when he states, “This was passed in four meetings, two Planning and Zoning and two City Commissions, and again, there was only one public hearing on this matter…”
I would hate to see our city leaders punish the owners of Crooked Thumb because of a mistake THEY made. Imagine if your home or business was accidently six inches over the city government approved property line and you were told, “Well, you might just have to move…sorry, our bad.”
When you live adjacent to any “Down Town” zone, you should expect additional noise, traffic, or parking issues because that is what it is. I lived in down town Minneapolis and there were noise, traffic, and parking difficulties there too, but it was what I signed up for by moving there. Down Town Safety Harbor is just a smaller version of the same problem.
I find Mr. Nichols’ comment that “I don’t want the brewery to shut down or anyone to lose their jobs. What I want to see happen is to get the citizens and residents around Crooked Thumb to say what they’d like to see happen, to give them a chance to speak out about it,” to be disingenuous. There were four meetings and a public hearing as he notes, people had their voices heard, and the city approved the CT project via a legal process.
Perhaps the city could formally approve use of the recreational center and adjacent park’s parking area as an “overflow” lot as has been used in the past for big events there. I hope common sense prevails and I know that I will support the owners of CT who are guilty of nothing more than building a fantastic business that they were APPROVED to build. I hope you will join me.
Janet Hopper will close this place faster than you can say ‘brew pub’
As if there was not already enough reasons to not vote for Janet Hooper, here is one more add to the list.
Wrong!
So wrong!
It is “so wrong” to your because you are a Hooper Status Quo.
Stupid….
I’m sure that the new 7 story high rise building (approved by Safety Harbors amateur politicians) won’t add any additional noise or traffic issues to the downtown area! How is a “clerical error” made by the city the fault of the brewery?