Monthly Archives: December 2016

Sunshine concern raised over dinner meeting

A Save Anna Maria officer is questioning whether Manatee County Commissioners Carol Whitmore and John Chappie violated Florida’s Government-in-the-Sunshine Law at a Beach Bistro gathering Sept. 15.

County Commissioner Joe McClash also raised concerns about the dinner meeting and questioned the appropriateness of county officials’ participation in an Anna Maria Island Chamber of Commerce meeting prior to their dinner.

Whitmore and Chappie had dinner with county administrator Ed Hunzeker, Island businessman David Teitelbaum, a chamber board member and member of the Manatee County Tourist Development Council, and Whitmore’s husband Andre Renard.

The dinner with Teitelbaum was on Hunzeker’s and Chappie’s calendars and followed a regular monthly Anna Maria Island Chamber of Commerce executive board meeting attended by Whitmore, Chappie, Hunzeker and Teitelbaum at the chamber office in Holmes Beach. At that meeting, Hunzeker discussed problems with the Island trolleys, as well as plans to replace the vehicles and compensate Island business owners who paid to advertise on the trolleys.

An affidavit by Nancy Deal of Holmes Beach, secretary of the citizens’ group SAM, raised a question about whether “there might be some kind of Sunshine issue” with the meeting at the restaurant. She and husband Mike were seated near enough to question the county party’s conversation and introduce themselves to officials.

Deal also sent state attorney Earl Moreland a letter about the incident, stating that “the meeting did not appear to be chance.”

On Sept. 22, Deal’s affidavit was attached to a complaint filed with the Holmes Beach Police Department. The HBPD report states that SAM treasurer and Islander Carol Soustek dropped off the affidavit “in regards to a possible violation of F.S.S. Ch 286 that allegedly occurred at 6600 Gulf Drive (Beach Bistro Restaurant) possibly involving Manatee County Commissioners Carol Whitmore, John Chappie and Administrator Edwin Hunzeker.”

Three days later, an HBPD officer interviewed Deal, who told him “she had no other information to provide in this case in regards to the specifics of the conversation she allegedly overhead between the commissioners.”

Florida’s Sunshine Law, one of the most extensive open government statutes in the country, prohibits two or more members of the same board or commission from discussing a matter outside of a public meeting that could foreseeably come before the board or commission. The requirement for a public meeting is that it be open and reasonably noticed.

Sam Morley, general counsel of the Florida Press Association, speaking generally, said, “The restaurant meeting is subject to the Sunshine Law if it was a gathering (formal or informal) of two or more board members to discuss some matter on which foreseeable action would be taken by the board.”

Deal wrote that she didn’t listen to the conversations, but at one point overheard Whitmore say “say either ‘builders’ or ‘developers.’”

Deal also wrote she heard “Mr. Hunzeker say either ‘… not alarm the public…’ or ‘…not inform the public.’”

Deal said in her affidavit that she interrupted the conversation. “I said, ‘What does that mean?’ I then identified myself by name and as a member of SAM. I also asked if there might be some kind of Sunshine issue here, to which Commissioner Whitmore responded, ‘You notice that I was not talking.’”

Reached via e-mail for comment, Deal replied, “I have no comment at this time.”

Whitmore said the dinner was on the up-and-up — that there was no discussion between her and Chappie about anything that might go before the county board.

“I totally did not break any rules. I did not talk to Chappie. He spent most of the night talking to David Teitelbaum. I spent most of the night talking to my husband and Ed. I know the rules,” said Whitmore, adding that the diners sat at the bistro bar, and she was not seated beside Chappie. In her letter to Moreland, Deal said Whitmore and Hunzeker “engaged in a continuous conversation.”

Whitmore questioned the objectivity of the complainant, noting Deal’s involvement in SAM, an organization that often takes political positions contrary to Whitmore and once refused her membership.

“It’s election time,” said Whitmore, a Republican who is running for re-election against Democrat Sundae Lynn Knight in the Nov. 2 general election. Deal’s affidavit was circulating on the Island and in Cortez last week, partly with the help of advocates of Hometown Democracy/Amendment 4 ballot measure, who also are hosting a fundraiser reception for Knight Oct. 9 in northwest Bradenton.

Reached for comment on the Beach Bistro gathering, Hunzeker said “absolutely” the diners adhered to the Sunshine Law, rules he said that are “ground in” by his four decades in government.

Referring to Chappie and Whitmore, he said, “They didn’t talk about anything related to county business.”

Referring to his conversations, he said, “I can talk to any politician I want.”

Chappie was not reached for comment.

The county attorney’s office, asked to review the affidavit, said it determined the complaint lacked merit.

But McClash, after reading Deal’s affidavit, said, “There was obviously discussion of county business at the bar at the Beach Bistro.… That, to me, crosses the line of what you are allowed to do.

The county administrator shouldn’t have a selective meeting with two commissioners and talk about county business. Period. Whether it’s at a bar or in the county administrator’s office. That’s not the way the Sunshine Law expects you to carry out business.… It’s a bad situation.”

Regarding the Sept. 15 chamber meeting, McClash said he didn’t think the Sunshine Law was violated, but he did have qualms about Hunzeker sharing his recommendations for the trolley and the advertising campaign at a chamber meeting before presenting them to the county board.

“I don’t think it had to be noticed as a government meeting as long as there was no discussion with the county commissioners,” said McClash. “Certainly there are a number of meetings that county commissioners attend and there is no discussion, and there is nothing wrong with that. I don’t really have an issue with the meeting taking place with two commissioners being in attendance.”

However, McClash added, taking issue with Hunzeker’s trolley report to the chamber, “It would have been more appropriate to brief the county commission first.”
But Islander publisher Bonner Joy claims the chamber meeting should have been noticed.

The chamber acted on behalf of the county to sell and collect funds for advertising on the trolley, Joy said, so there should have been proper notice of a public meeting. “We also learned Hunzeker requested an ‘embargo’ on public information until such time as his proposals could be presented to the full board of county commissioners,” Joy said.

Morley, the FPA attorney, told Joy, in a preliminary review, “This situation seems similar to the case where an ad hoc committee appointed to meet with the chamber of commerce to discuss a proposed transfer of city property was found to be subject to the Sunshine Law. Here, two commissioners and the administrator met with the chamber, apparently as some form of representatives of the full board, regarding public business. I would think it should have been noticed and open.”

Morley also indicated that when a staff member engages in a policy-based decision-making function with other members of the board, it is a Sunshine meeting.

Morley further said whether a county commissioner spoke or did not speak does not apply in terms of whether the law requires the meeting to be open and noticed.

Deb Wing, executive administrative assistant at the chamber, said the county commissioners often attend the chamber meetings, and “we always post a sign on the door of the AMI chamber to let people know.”

A spokeswoman with the attorney general’s office, the state agency that oversees Sunshine matters, said Sept. 17 that she could make no comment as to whether the case Morley cited would apply to the Sept. 15 Anna Maria Island Chamber of Commerce meeting at which Hunzeker addressed the Island trolley.

She also said her office had received no complaint regarding either the Sept. 15 chamber meeting or the Beach Bistro dinner.

The Islander Classifieds: Wednesday, Sept. 29, 2010

ITEMS FOR SALE

BOOKS: 46 CHILD and teen, $25. 18 Nora Roberts, $4.50. 941-794-2392.

GOLF CLUBS, BAG. Woods, irons, $60. 610-984-4455.

FILLET KNIFE: UNCLE Henry Shrade. 7-inch blade, staghorn handle, leather sheath, $20. Call Frank, 941-761-1415.

LEATHER COAT: BLACK, ladies 1X. Never worn, $25. Marion, 941-761-1415.

PULL-DOWN KITCHEN faucet: White, Glacier Bay, new in box, $50. 941-761-1415.

QUEEN-SIZE BED: Headboard and frame, $100. Full-size bed, headboard and frame, $75. 941-778-1819.

WICKER VANITY, $45. Call 941-778-1819.

WHITE HOTPOINT WASHER and Maytag dryer, two for $75. Trundle bed with mattress, $75. 941-795-8359.

THREE PIECE ENTERTAINMENT center, holds 27-inch TV, off-white, 7-feet. $100. 941-795-8359.

CLASSIC-STYLE SOLID WOOD desk: Nine-drawer. $100. Shannon, 941-720-4364.

CHAIRS SWIVEL, BUCKET, ivory, high-back upholstered armchair, both $50. 941-761-1135.

COCKTAIL TABLE: STONE base with 1-inch glass top. 44 x 30-inch. $50. 941-761-1135.

COMPUTER DESK: WHITEWASH with hutch and bookshelves. Fabulous. $100. 941-761-1135.

ANTIQUE COPPER POTS and bowls, collection $300, or $50-75 each. Wine racks, antique burl-wood rocker and more. View at The Islander store, 5404 Marina Drive, Holmes Beach.

THREE GRAND MIRRORS, gorgeous frames, 4×6 feet to 5×8 feet. $200-$350. View at The Islander store, 5404 Marina Drive, Holmes Beach.

ORIGINAL, LOCAL ART for sale at View at The Islander store, 5404 Marina Drive, Holmes Beach.

DELL COMPUTER: 3.06 GHz processor, Windows XP-PRO, $100.  941-756-6728.

AERIAL PHOTOS of Anna Maria Island. View and purchase online: www.jackelka.com.

COMMERCIAL RESTAURANT SUPPLIES: Ice machine: install and service $2,100. You pick up, $1,600. Assorted stainless shelves: $75. Six-burner gas cooktop and charbroiler: $1,800. 941-730-2606.

FREEBIE ITEMS FOR SALE: Individuals may advertise up to three items, each priced $100 or less, 15 words or less. FREE, one week. Deliver in person to The Islander, 5404 Marina Drive, Holmes Beach, e-mail classifieds@islander.org, fax toll-free 1-866-362-9821. (limited time offer)

ANNOUNCEMENTS

GLORIA DEI LUTHERAN Church: All are welcome to come and worship with us! Please call 941-778-1813 or visit us at: www.gloriadeilutheran.com for worship times. 6608 Marina Drive, Holmes Beach.

BRADENTON ROTARY CLUB meets at noon Mondays at Mattison’s Riverside, 1200 First Ave. W., Bradenton. Club members enjoy fellowship with like-minded professionals. Club projects offer opportunities to benefit the community locally and worldwide. To attend a meeting as our guest, call Trish, 941-747-1871. More information: www.bradentonrotary.org.

HAITI $$$ DONATIONS to the Ministry of Presence Inc., www.ministryofpresence.org, urgently needed for local representatives to aid homeless children. Info: The Islander, 941-778-7978.

CORPORATE AND GOLF entertainment. Private parties and fundraisers. Florida: October through March. www.bbrodney.com. 337-367-0339.

TERRY HAYES, REALTOR. Signature Sothebys International. 941-302-3100. Terry.hayes@sothebysrealty.com. Discoverannamaria.com.

WANTED: YOUR OLD cell phone for recycling. Deliver to The Islander, 5404 Marina Drive, Holmes Beach.

FISHING GEAR WANTED: The Privateers and The Islander are collecting new or used, repairable fishing poles and reels, nets, tackle, buckets, etc. to give to children. Donate your gear at The Islander newspaper office, 5404 Marina Drive, Holmes Beach.

FREE GUN LOCK courtesy of Project Childsafe, Florida Fish and Wildlife Conservation Commission and Holmes Beach Police Department. Pick up at The Islander office, 5404 Marina Drive, Holmes Beach. Don’t be sorry, be safe.

ARTISTS, MUSICIANS, FOOD VENDORS sought for Nov. 19-21 Save our Gulf festival in Holmes Beach to benefit Florida Institute of Saltwater Heritage. Contact Joy Fitzpatrick, 941-545-3664.

GARAGE SALES

ROSER THRIFT SHOP open 9:30 a.m. to 2 p.m. Tuesday and Thursday; 9 am to noon Saturday. Donations 9 a.m. to 11 a.m. Wednesdays. 511 Pine Ave., Anna Maria. 941-779 -2733.

LOST & FOUND

YELLOW MAINE COON cat lost from 6600 block of Marina Drive, Holmes Beach. Reward offered. 941-725-4488.

FOUND: LEATHER TEVA sandals on beach near 53rd Street, Holmes Beach. Call 941-779-0210.

LOST: PINK CASIO camera. Stayed at Tradewinds Resort. Many wedding, pre-wedding photos. prestonimage@aol.com. 941-928-0193.

PET

CAT: FOUR YEAR old, inside only. Declawed. A real lover. 941-993-4909.

PARENTS NEEDED for loving homes to foster puppies and kittens until they are old enough for adoption. All food and medical provided. Julie, 941-720-1411.

BOATS & BOATING

BOAT PROBLEMS? DON’T delay, have our boat repair specialists fix it today. We offer free towing from dock to marina. Call N.E. Taylor Boatworks bottom pant specialists at 941-794-2802 or ne-mail: info@taylorboatworks.com for details.

FOR RENT: DEEP-water boat slip: North end of Anna Maria, easy access to Gulf. Up to 30 feet, $150/month. 941-794-8877.

HELP WANTED

DRUMMER AND BASS musician wanted for reggae band. 941-779-5246.

SALES ASSOCIATE: MOTIVATED, experienced real estate licensee for busy Island office. Please call Jesse or Robin at 941-778-7244.

KIDS FOR HIRE

LOOKING FOR A babysitter or pet sitter? For all ages, call Carolyn. Red cross certified. 941-778-2301.

KIDS FOR HIRE ads are FREE for up to three weeks for Island youths under 16 looking for work. Ads must be placed in person at The Islander office, 5404 Marina Drive, Holmes Beach.

BUSINESS OPPORTUNITY

great opportunity for mom and pop. $189,000. Call Jim, 941-580-0626.HEALTH FOOD STORE on Anna Maria Island, located in busy shopping center, large inventory, all equipment and fixtures, completely turnkey, business growing monthly, owners moving,

SERVICES

LET US DRIVE YOU! Airports, cruise ports. Flat rates. Anna Maria Sunshine Car Service. 941-778-5476.

ISLAND COMPUTER GUY, 37 years experience. On-site PC repairs, upgrades, buying assistance and training. Call Bill, 941-778-2535.

LIGHT CARPENTRY, HOME repairs, handyman work, deck repairs, dock repairs, etc. Retired tradesman, Island resident. No job too small. Call Steve Doyle 941-778-1708.

TOTAL DOOR AND Window Service: Repairs, replacements, sales, parts, stormcatcher hurricane covers, Simonton windows, Plastpro doors, ODL inserts. 941-730-1399.

HOUSE CLEANING BY Laura. Excellent references. One house, 2BR/2BA, $50. 941-539-6891.

CONTACT CAPT. GREG Burke of A Paradise Realty for all of your real estate needs, selling, listing, buying, market analysis. 941-592-8373, or e-mail: gregburkesr@hotmail.com.

I DON’T CUT corners, I clean corners. Professional, friendly cleaning service since 1999. 941-778-7770. Leave message.

TRANSPORT SERVICE: LET me drive you to the airport or anywhere in Florida. Flat rates. Reasonable. Call Mike, 941-567-6634.

ALTERATIONS AND CUSTOM home decor, Pillows, cushions. Experienced, dependable. Call Diane 941-778-6373, cell 941-724-6831.

TOASTED COMPUTER SERVICES. Your home and business specialist. On-site service, virus/spyware, cleanup, system setup, upgrades, diagnosis and repair, internet/wireless networking, custom system design. 941-224-1069.

CLEANING SERVICE: WE take scrubbing seriously. Have openings: Anna Maria Island, Longboat Key, west Bradenton. Over 18 years. Let us take care of your home. Call for free estimate, 941-778-1014, after 2 p.m.

BUSINESS-TO-BUSINESS JD’s Window Cleaning looking for storefront jobs in Holmes Beach. 941-920-3840.

ISLAND MERMAIDS CLEANING and Co.: 36 years of happy customers. Organizing, pet-watch, storm-check, etc. Rentals our specialty. 941-778-3046.

DESIGNER FOR HIRE! All your graphic needs covered! Web design. Call Jon at Smashcat Studios, 941-778-2824 or 941-545-0192.

BEACH SERVICE air conditioning, heat, refrigeration. Commercial and residential service, repair and/or replacement. Serving Manatee County and the Island since 1987. For dependable, honest and personalized service, call William Eller, 941-795-7411. CAC184228.

ANYONE CAN TAKE a picture. A professional creates a portrait. I want to be at your wedding! www.jackelka.com. 941-778-2711.

NADIA’S EUROSAGE Relaxing, healing massage in the comfort of your home. Call today for an appointment, 941-795-0887. MA#0017550.

CHECK MY HOUSE! When you’re away, we stay close to home. We provide full house checking services to ensure your house is secure while you are away. Call 941-928-8735, or e-mail check.my.house@verizon.net for details.

TUTORING SERVICES: Specializing in algebra, geometry, calculus, trigonometry and science. Special need students welcome. Grades 3-12. Jenifer, 941-224-1760.

UPSCALE NAIL SALON: Nails on the Island. 30 years experience. Call for an appointment. Now offering in-home services. 941-713-5244.

KOKO RAY’S ISLAND studio: Back to school specials through September. Instruction in flute, saxophone, guitar, piano and voice. 315 58th St., Holmes Beach, 941-778-8323.

LAWN & GARDEN

CONNIE’S LANDSCAPING INC. Residential and commercial. Full-service lawn maintenance, landscaping, cleanups, hauling and more! Insured. 941-778-5294.

ISLAND LAWN SPRINKLER service and repair. Your complete irrigation repair company. Call 941-778-2581.

TREES BY BREEZE Inc.: Custom landscapes, tree trimming, property maintenance. Insured. Since 1988. Chris, 941-778-2837.

JR’S LANDSCAPING AND MAINTENANCE Lawns, native plants, mulching, trimming, hauling, cleanups. Island resident 25 years. Call 941-807-1015.

LANDSCAPING

STRAIGHT SHOT LANDSCAPE. For all your landscape needs. Shell $45/yard. Call Shark Mark. 941-301-6067.

KARAZ LANDSCAPE LAWN service. Mulch, clean ups, power washing, tree trimming and more. 941-448-3857 or 941-448-5207.

SHELL DELIVERED AND spread. Premium grade-A, $45/yard B-grade, $30-$40/yard. Hauling all kinds of gravel, mulch, top soil with free estimates. Call Larry at 941-795-7775, “shell phone” 941-720-0770.

NATURE’S DESIGN LANDSCAPING. Design and installation. Tropical landscape specialist. Residential and commercial. 30 years experience. 941-729-9381.

HOME IMPROVEMENT

VAN-GO PAINTING residential/commercial, interior/exterior, pressure cleaning, wallpaper. Island references. Bill, 941-795-5100.

TILE -TILE -TILE. All variations of ceramic tile supplied and installed. Quality workmanship, prompt, reliable, many Island references. Call Neil, 941-726-3077.

CUSTOM REMODELING EXPERT. All phases of carpentry, repairs and painting. Insured. Meticulous, clean, sober and prompt. Paul Beauregard, 941-730-7479.

GRIFFIN’S HOME IMPROVEMENTS Inc. Handyman, fine woodwork, countertops, cabinets and shutters. Insured and licensed, 941-748-4711.

JERRY’S HOME REPAIR: Carpentry work, handyman, light plumbing, electrical, light hauling, pressure washing. Call 941-778-6170 or 941-447-2198.

SOUTHBAY HOME REPAIRS: If it’s broken, stuck, loose, leaks, needs paint, etc. I’ll fix it. Affordable quality work. 941-720-2906.

FOREMOST FENCE: Commercial, Residential. Chain link, vinyl, aluminum, wood, access control. Contractors you can depend on. Call 941-748-2700.

J.E. MURRAY: ESTABLISHED Island builder. New homes, remodeling. 30-year resident. Call 941-778-2316 or 941-730-3228.

RENTALS

WEEKLY/MONTHLY/ANNUAL rentals: wide variety, changes daily. SunCoast Real Estate, 941-779-0202, or 1-800-732-6434. www.suncoastinc.com.

WATERFRONT KEY WEST STYLE with dock. Furnished, walk to beach. $150/night, $950/week. Use of bikes and kayaks included. 941-794-5980. www.divefish.com.

VACATION RENTALS: 3BR/3BA pool home, 2BR/1BA cottage, 5BR/4BA split pool home, two blocks to Holmes Beach. 3BR/2BA pool home, northwest Bradenton, 3BR/3BA pool home, Palma Sola. Weekly, monthly rentals. Luxury furnishings, all amenities. Inclusive prices. Coastal Properties Realty, 941-794-1515.

ANNA MARIA BEACHFRONT, waterfront vacation rental. 5BR/4BA. $2,200/week. 559-760-1331. tampabaybeachhouse.com.

WATERFRONT, CANAL, BOAT slip: Annual duplex in Holmes Beach. 2BR/2BA. Living room, kitchen, storage, washer and dryer hook ups. No pets. Holmes Beach. 941-778-7039.

WINTER MONTHS: UPGGRADED mobile home. 1BR. Carport, Paradise Bay. $975/month. Satellite TV, utilities. Call 941-761-3341.

FEMALE ROOMMATE WANTED: 2BR/2BA, wireless Internet, non-smoker, no pets. beachcondo25@yahoo.com.

CHARMING MONTHLY/SEASONAL condo. Cross street to Holmes Beach. 2BR/2BA, washer, dryer. Two screened-in decks, heated pool. $2,400/month. 813-634-3790.

SEASONAL: HOLMES BEACH. Spacious 3BR/2BA duplex, upper level. Screened lanai, completely furnished. One house from beach. Gulf view. No pets or smoking. Two-month minimum. 813-689-0925 or HLMSBCHRNTL@aol.com.

GULFVIEW 1BR APARTMENT: Unfurnished, annual, $825month. 941-592-6645.

ANNUAL RENTAL: ANNA Maria, 200 feet to Rod & Reel Pier. 2BR/1BA ground level, washer, dryer, refrigerator, unfurnished, newly remodeled, no pets or smokers. $925/month plus utilities, available now, 941-387-8610.

SEASONAL/VACATION RENTAL: 1.5 blocks from Gulf. 2BR/1BA Furnished, washer and dryer, carport. Call Ed, 303-710-2996.

1BR/1BA GROUND-FLOOR CONDO. 55-plus, pool, fishing pier. $1,700/month, seasonal. 813-681-7229.

DIRECT BAYFRONT: 2,500 sf. Beautiful home, 3BR/2.5BA, boat dock, lift, pool, fully furnished. $3,600/month, annual. 941-580-0626.

ON THE BEACH! 2BR/1BA, ground-level, attached garage, patio. Seasonal, monthly, weekly rates. October discount. 941-348-9448

SEASONAL OR WEEKLY cottage-style rentals. 1BR/1BA or 55-plus 2BR/1BA with pool. Walk to beach, shopping, restaurants. 941-778-3426. Web site 2spinnakers.com.

REAL ESTATE

FLORIDA BUSINESSES FOR sale! Buy, sell, broker, referral. E2/EB5 Visa. Call James Adkins, 941-713-0635. www.AdkinsFloridaGroup.com.

HAVING MORTGAGE TROUBLE? Want to buy distressed properties? Call James Adkins, 941-713-0635. www.MyDistressedHome.com.

BAYFRONT PELICAN COVE condo: 2BR/2BA great views, close to everything. Call Capt. Greg, 941-592-8373, A Paradise Realty.

SANDPIPER DOUBLEWIDE: 2BR/1.5BA across from beach. Spacious, remodeled. 2601 Gulf Drive, Bradenton Beach. Call Lynne, 941-744-7904.

2BR/1.5BA TROPICAL PALM Mobile Home Park, 55-plus. Canalfront, 15 minutes to beach. Hot tub, pool, remodeled, doublewide. $49,000, one third down, includes lot. Finance. Rent, $695/month. 863-608-1833. chickenplucker@webtv.net.

AN AMAZING PIECE of property located right in the heart of paradise. Located by I-275 north-south and I-75 north and south corridor. This lot offers 570 feet of saltwater canalfront that totals 1.09 acres and is a very rare find. 2215 Miguel Bay Drive, Terra Ceia, FL, 34250. Call Ed DeLosh at Edgewater Real Estate, 941-730-9122.

THIS LOT IS in the perfect location to get away from the big city. From Tampa/St.Pete head south over the Skyway Bridge. From the south US 19 or I-75 is an easy off, easy on. Nestled in the middle of Tillits Bayou, Miguel Bay, Terra Ceia Bay and Tampa Bay. 2420 57th St. Ct., Terra Ceia, FL, 34250. Call Ed DeLosh at Edgewater Real Estate, 941-730-9122.

DIRECT GULFFRONT: 4BR/4.5BA, den, three-car garage, pool, spa, elevator, security. Immaculate 2005 Mediterranean villa-style architecture, breathtaking Gulf views, furnished, 5,146 sf under roof, north Anna Maria Island. 12106 Gulf Drive, Anna Maria. $3,500,000. Contact owner, broker, 941-920-1699.

PRICE REDUCED: DUPLEX on two deeded lots, both units 2BR/1.5BA, elevated, park under building. $450,000. Call owner: 941-730-2606.

FLORIDA, OUT-OF-STATE

BUY MOUNTAIN LAND now! Lowest prices ever! Bryson City, N.C., 2.5 acres, spectacular views, paved road. High altitude. Easily accessible, secluded. $45,000. Owner financing, 800-810-1590. www.wildcatknob.com.

NORTH CAROLINA MOUNTAINS: Cabin shell, two-plus acres with great view, very private, big trees, waterfalls and large public lake nearby, $99,500. Bank financing. 866-275-0442.

AUCTION: BANK-OWNED HOMES in this area. Now is the time! The market, interest rates, and opportunities couldn’t be better. New properties added daily! Two percent buyer’s agents! Bid now online: www.OnlineBidNow.com. Hudson and Marshall, 866-539-4174.

Island police blotter – 9-29-2010

Anna Maria

No new reports.

Bradenton Beach

No new reports.

Holmes Beach

Sept. 18, 100 block of 67th Street, disturbance. A Holmes Beach Police Department officer was dispatched to check a report of kids who had camped out at the beach where excrement and toilet paper were found. The officer went to the beach, but the campers were gone.

Sept. 18, 300 block of 59th Street, disturbance. An officer arrived at a residence to check a report of arguing. Upon arrival, the officer found no disturbance.

Sept. 18, South Harbor Drive, reckless driving. An officer was dispatched to a boat ramp on South Harbor Drive in reference to a possible intoxicated person who drove his boat onto the ramp. Upon arrival, the officer saw the suspect sitting at the bow of the boat, waving at the officer. The suspect staggered as he came off his boat and walked up the ramp. Witnesses said they watched the man drive the 19-foot vessel into the canal at a high rate of speed and then turn toward the ramp and back up. He was then observed accelerating onto the concrete boat ramp. The suspect refused a breathalyzer, filled out a crash report and was released.

Sept. 19, Key Royale Bridge, fishing. An officer was dispatched to the Key Royale Bridge in reference to subjects fishing under the bridge. The officer told the fishers they could not fish under the bridge and they left.

Sept. 20, 3000 block of Avenue E, theft. An HBPD officer responded to Island Real Estate, 6105 Marina Drive, after a report of a stolen trash can from the 3000 block of Avenue E. The complainant said he was the caretaker of the property and someone stole the trash can from in front of the home.

Sept. 20, 4000 block of Gulf Drive, animal complaint. An officer responded to a parking lot at 4000 Gulf Drive where he saw three dogs inside a parked car that was in the shade. The officer later told the owner someone was concerned for the dogs. The owner said he was about to leave and that the dogs were OK because there was water in the car and the windows were down. The officer said the dogs did not appear distressed.

Sept. 21, 49th Street, lewd behavior. Complainant said she was speaking to a man at the beach at 49th Street when the man exposed himself.

Sept. 21, 4000 Gulf Drive, Manatee Public Beach, theft. Complainant said someone took his backpack. He said the backpack contained $15, three pairs of reading glasses and a library book.

Sept. 23, 3248 E. Bay Drive, disturbance. An officer was dispatched to Walgreens in reference to a customer causing a disturbance in the pharmacy. The officer saw that the customer was upset because the pharmacist would not dispense his medication. The officer found out the prescriptions were not issued because the subject’s doctor instructed the pharmacist to not fill the prescriptions. The offender was issued a trespass warning.

Sept. 23, 3230 E. Bay Drive, theft. A clerk at the Island Mail & More store told an HBPD officer that a man wanted change for a $10 bill. The clerk said he provided change and then the customer said he gave the clerk a $20. After arguing, the clerk gave the man an extra $10. The clerk gave a description of the man and said he had misidentified the amount paid in the past.

Sport – 9-29-2010

Soccer season settles in at Center field

The 2010 recreational soccer season is officially under way at the Anna Maria Island Community Center with games being played every night of the week and some Saturday matches.

Though it’s early to track trends and prognosticate which is the team to beat, it’s apparent that the Premier Division for ages 14-17 is going to be a dog fight. That age division got off to an exciting start Sept. 20 with a back-and-forth battle between Wash Family Construction and the Beach Bistro. WFC outlasted the Bistro by a 9-8 score behind Austin Wash’s four goals and three goals from Daniel Pimental. Elijah Clay-Chapman chipped in with two goals in the victory for WFC.

Beach Bistro was led by Julius Gomes, who matched Wash with four goals of his own, while Max Miller added two. Samantha Latimer and Hunter Parrish completed the scoring with a goal apiece.

The second Premier game of the week also was decided by one goal, but was contrasting in style. The Sept. 23 contest between Beach Bistro and West Coast Surf Shop ended in a 2-1 victory for the Bistro as Julius Gomes scored a pair of goals to help the Bistro even its record at 1-1. Chandler Hardy notched the lone goal for the Surf Shop in the loss.

Autoway Ford jumped to an early lead in Division I (ages 12-13) standings on a pair of victories. Autoway opened its season with a tight, 5-4 win over Mike Norman Realty Sept. 22 behind a pair of goals from Sydney Cornell. Francesca Parkin, Neil Carper and Henrik Brusso each notched single goals for Autoway in the win.

Lauren Sapienza led Mike Norman with two goals while Logan Reiber and Michael Duffman each added one in the loss.

Autoway Ford took on The Gathering Place Sept. 23 and came away with an easy 5-1 win behind three goals from Henrik Brusso and two from Neil Carper. The Gathering Place received its goal from Blaine Jenefsky in the loss.

Division II for ages 10-11 looks to be competitive with three of the four teams earning victories in the first week of action. The game of the week had to be the 7-7 tie between Sparks Steel Art and Southern Green Sept. 22. Southern Green was led by Michael Latimer’s five goals and two goals from Reese Helvey.

Tyler Yavalar’s four goals paced Sparks Steel Art, which also received two goals from Dylan Joseph and one goal from Brooke Capperalli in the tie match.

In other Division II action, Mr. Bones BBQ opened its season with a 6-4 victory over Wash Family Construction Sept. 20 behind two goals apiece from Ben Connors and Jake Miller. Leo Rose and Nicole Sewall completed the scoring with one goal apiece in the victory.

Wash Family Construction received a goal apiece from Gavin Sentman, Madison Gunn, Michel Datolli and Nico Colleja in the loss.

Sparks Steel Art earned its first victory of the season Sept. 24 in a 3-1 decision over Mr. Bones. Tyler Yavalar notched a pair of goals and Dylan Joseph added one goal in the victory.
Willow Cooper scored the lone goal for Bones in the loss.

Southern Green kept its division pace with Sparks, thanks to a 6-3 win over Wash Family Construction Sept. 24. Michael Latimer was unstoppable, scoring five goals to lead Southern Green, which also received one goal from Jean-Paul Russo in the victory.

Wash Family Construction received a goal apiece from Nico Colleja, Madison Gunn and Gavin Sentman in the loss.

Jessie’s Island Store earned its first of the season victory when the team rolled past Connie’s Landscaping by a 4-0 score in Division III action Sept. 24. Hannah McCracken, Jack Barnes, Daniel Sentman and Gerardo Serrduo each scored a goal for Jessie’s in the victory.

Connie’s Landscaping was led by goalie Corbin Greg, who made several strong saves to keep Connie’s within striking distance in the loss.

Fran Maxon Real Estate defeated Jessie’s Island Store Sept. 22 behind two goals apiece from Taro de Haan and Josh Class. Allie Connelly added a single goal to complete the scoring for Maxon.
Jessie’s was led by Gerardo Serrduo’s single goal in the loss.

Horseshoe news

Two teams emerged from pool play with the required three victories Sept. 25 and were left to battle it out for the championship during horseshoe action at the Anna Maria City Hall pits. Tom Skoloda “walked” all over the team of Jeff Moore and Jay Disbrow by a 21-6 score.

Sept. 22 horseshoe action saw only the team of Barb Dudley and Norm Good emerge with the prerequisite three victories and they were the day’s outright champs. The team of John Johnson and Sam Samuels took second place on the day.

Play gets under way at 9 a.m. every Wednesday and Saturday at the Anna Maria City Hall pits. Warmups begin at 8:45 a.m. followed by random team selection. There is no charge to play and everyone is welcome.

Key Royale Club news

The Key Royale Club men played an 18-hole, individual-low-net golf game Sept. 22. Dan Hayes earned clubhouse bragging rights with a 1-under-par 63. One shot back in second place was Vince Mercadante, while Carl Voyles took third place with a 3-over-par 67.

The women of the Key Royale Club played a nine-hole, individual-low-net game Sept. 21. Nancy King took top honors in Flight A with a 1-over-par 33. Sue Wheeler carded a 4-under-par 28 to take first place in Flight B, while Joyce Brown, Markie Koziak, Erma McMullen, Joyce Reith and Jane Winegarden all tied for second place with matching 33s.

AMICC soccer league standings
Division III (ages 8-9)
Team    Won    Lost    Tie    Pts.
Maxon    1    0    0    3
Jessie’s    1    1    0    3
Connie’s    0    1    0    0

Division II (ages 10-11)
Sparks    1    0    1    4
Southern    1    0    1    4
Mr. Bones    1    1    0    3
WFC    0    2    0    0

Division I (ages 12-13)
Autoway    2    0    0    6
Norman    0    1    0    0
Gathering     0    1    0    0

Premier League (ages 14-17)
WFC    1    0    0    3
Bistro    1    1    0    3
Surf Shop    0    1    0    0

AMICC soccer schedule
Instructional Division: (ages 4-5)
Date    Time    Teams
Sept. 29    6 p.m.    A&E  vs. Oyster Bar
Sept. 29    6:30 p.m.    Dental Spa vs. WCAC
Oct. 5    6 p.m.    WCAC vs. Oyster Bar
Oct. 5    6:30 p.m.    A&E vs. Lapensee

Instructional Division: (Ages 6-7)
Date    Time        Teams
Sept. 29    7 p.m.    LPAC vs. Sandbar
Oct. 1    6 p.m.    Isl. Pest. vs. Beach Bums
Oct. 1    7 p.m.    Dojo vs. LPAC
Oct. 4    6 p.m.    LPAC vs. Beach Bums
Oct. 4    7 p.m.    Dojo vs. Isl. Pest
Oct. 5    7 p.m.    Sandbar vs. IRE

Division III: (Ages 8-9)
Date    Time    Teams
Sept. 29    5:30 p.m.    Fran Maxon vs. Isl. Pest
Oct. 1    6 p.m.    Connie’s vs. Jessie’s

Division II: (Ages 10-11)
Date    Time    Teams
Sept. 29    6:30 p.m.    Sparks vs. WFC
Oct. 1    7 p.m.    Sparks vs. Southern
Oct. 1    8 p.m.    Mr. Bones vs. WFC
Oct. 4    6 p.m.    Southern vs. WFC

Division I: (Ages 12-13)
Date    Time        Teams
Sept. 29    7:30 p.m.    Norman vs. Ford
Oct. 5    6 p.m.    Norman vs. Gathering

Premier Division: (Ages 14-17)
Date    Time        Teams
Oct. 4    7:30 p.m.    Bistro vs. Surf Shop
Oct. 5    7 p.m.    WFC vs. Surf Shop

Adult League
Sept. 30    6 p.m.    Sun vs. Back Alley
Sept. 30    7:20 p.m    SVEH vs. Ross Built
Sept. 30    8:40 p.m.    BTBC vs. Fish Hole

Island real estate transactions – 9-29-2010

216 Elm Ave., Anna Maria, a 2,363 sfla / 3,277 sfur 4bed/2bath/4car home built in 70×110 lot was sold 09/10/10, Schoenknecht to Gutchess for $695,000; list $849,000.

523 68th St., Holmes Beach, a 1,766 sfla / 2,938 sfur 3bed/2bath/2car canalfront home built in 1970 on a 87×108 lot was sold 09/09/10, Deutsche Bank National Trust Company to Kaleta for $480,400.

506 74th St., Holmes Beach, a 1,668 sfla / 2,148 sfur 3bed/2bath/2car canalfront home built in 1968 on a 98×103 lot was sold 09/08/10, US Bank National Association to Martinez-Monfort for $390,000; list $415,000.

Jesse Brisson, broker/associate at Gulf-Bay Realty of Anna Maria, can be reached at Gulf-Bay 941-778-7244.

Obituaries – 9-29-2010

Genevieve Novicky Alban

Genevieve Novicky Alban, 91, formerly of Anna Maria, died Sept. 22 in Orlando at the home she shared with her daughter and son-in-law, Genevieve and Donald Parm.

She was born March 7, 1919 in Youngstown, Ohio. She received a teaching certificate from Kent State University in 1938 and taught in various schools in the Youngstown area until elected to public office. She served as clerk-treasurer of Boardman Township, Ohio, until her retirement. She received the Teachers Medal from the Freedom Foundation of Valley Forge. She was an active life-long member of the Republican Party and past-president of the Orlando Republican Women’s Club. Mrs. Alban founded the Artists Guild of Anna Maria Island to promote art and culture on the Island and to provide a venue for local artists.

Mrs. Alban was a devout Roman Catholic and member of St. Bernard Catholic Church, Holmes Beach, and a member of the St. Bernard Ladies Guild. She was a published author and poet of writings that include an instructional handbook, which fostered reading skills, and a poem, “Ode to Anna Maria Isle.” She co-authored “The History of the Slovak People of the Mahoning Valley,” which is noted in the Congressional Record.

Memorial donations my be made to the Artists Guild of Anna Maria Island, 5414 Marina Drive, Holmes Beach FL 34217. Calling hours will be from 6 p.m. until 8 p.m. Thursday, Sept. 30, at Griffith-Cline Funeral Home, 720 Manatee Ave. W., Bradenton. A Mass of Christian burial will be offered at noon Friday, Oct.1, at St. Bernard Catholic Church, 248 S. Harbor Drive, Holmes Beach. Burial will be in Youngstown, Ohio. Arrangements by Griffith-Cline Funeral Home.

Mrs. Alban is survived by her children, Carolee and husband John Monroe of Claremont, Calif., Genevieve and husband Donald Parm of Orlando, John and wife Rosanne Novicky of Crescent City, Calif., Sally and husband Jon Anstrom of Boardman, Ohio, Marita Novicky of Riverdale Park, Md., and Mary Susan and husband Walter Clark of New Rochelle, N.Y.; grandchildren Murray, Mark and Mary Monroe, Peggy Huebner, Beth Meany, Genevieve DeVelvis, Donald Parm, Justin and Elizabeth Novicky, Erik and Ryan Anstrom, Edward Novicky and Amy, Gwen and Henry Clark; 15 great-grandchildren and her faithful companion, her cat, Whitty.

David E. Chick

David E. Chick, 75, died Sept.  23.  He was born Oct. 23, 1934, in Portsmouth, Ohio.

Mr. Chick moved to Holmes Beach in 1961 and on retirement moved to Colony Cove in Ellenton. He resided at North River Estate, Ellenton.

He is survived by sister Janice Gemperline of Holmes Beach; nieces Kristin Gemperline, of Sarasota, and Stephanie Gemperline of Holmes Beach; and companion Lillian Slaten.

A celebration of life will be held at the North River Estate Clubhouse, on Saturday, October 2nd, at 11:00am.  Burial was at Mansion Memorial.

Willena C. Parsons

Willena C. Parsons, 95, of Holmes Beach, died Sept. 14. She was born in Chattanooga, Tenn., and moved to Holmes Beach in 1979 from Dalton, Ga.

A service will be held at 11 a.m. Saturday, Oct. 2, at Northwest Baptist Church, 7913 Ninth Ave. N.W., Bradenton. Burial will be at Whitfield Memorial Cemetery in Dalton, Ga. Donations may be made to TideWell Hospice Inc., 5955 Rand Blvd., Sarasota FL 34238.

Brown & Sons Funeral Homes & Crematory, 43rd Street Chapel, is in charge of arrangements. Family condolences may be made online at http://www.brownandsonsfuneral.com

Mrs. Parsons is survived by son Dan of Holmes Beach; grandchildren, Keith, Scott, Chris and Bonnie Parsons; nine great-grandchildren; and three great-great-grandchildren.

Fishing – 9-29-2010

Anglers salivating for fall kingfish run

Anglers are anxiously preparing for the fall kingfish run. Dropping water temperatures and the influx of bait in the area should draw the kingfish in from the south within a few weeks. Already, there are tons of Spanish mackerel off the beaches, another indication that conditions are favorable for king mackerel.

Capt. Steve Salgado said mangrove snapper and red grouper are close to shore. He said there also are a lot of trout and mangrove snapper in the bay and anglers can catch an early-morning and nighttime bite for snook. He added there are sharks on the south end of Egmont Key, and anglers can hook them using live threadfins or pinfish.

Capt. Mark Howard of SumoTime Fishing Charters said September fishing can present the best action this coast has to offer. The inshore and nearshore bite has been exceptional the past week, he said.

“With huge pods of bait around the Anna Maria area, blacking out the bait well has been no problem,” Howard said. “Shiners have been thick in the Anna Maria Sound area, Key Royale, Terra Ceia and on the beaches right against the shoreline. I have been filling both live wells on my boat with two throws of the net.”

Howard said redfish have been active around oyster bars, potholes, docks and in the mangroves. He suggests anglers chum with shiners to get the redfish to turn on and fire up the bite. He said as the full moon goes away this week, the redfish should feed heavily.

Speckled trout have been steady in 2-8 feet of water, where seagrass beds enable them to stage.

He said the nearshore bite, from a half to 3 miles out, has been on fire with giant schools of Spanish mackerel, bonito, tarpon and a variety of sharks, such as blacktips and spinners.

Rocky Corby from the Anna Maria City Pier said Spanish mackerel are running through the pier in large numbers, and he said the majority are keepers. Anglers have had luck with spoons and white jigs, he said. Corby added that anglers are still hooking some tarpon in the early morning hours.

Erica Webb from the Rod & Reel Pier said fishing has been slow with the exception of a couple black drum.

Capt. Warren Girle said his anglers on Sept. 23 didn’t catch large numbers of redfish, but caught redfish to 28 inches, trout to 24 inches and one 4-foot hammerhead shark in the bay. “Only the second hammerhead I’ve ever caught in the bay,” he said. He also reported ladyfish, Spanish mackerel and bluefish in north Sarasota Bay.

Girle said he netted bait on a flat in front of Longboat Pass and saw a school of redfish that had just come through the pass in skinny water on an incoming tide. “It had to have been a school as big as my living room, about 150-200 fish in 18 inches of water,” he said.

Girle said he cast four times as the redfish were going away from his boat, but he didn’t get any bites. “It was nice to see a brand new group of fish that just came in,” he said. “I’ve never seen that before.”

Capt. Logan Bystrom said he’s been fishing off the beaches and finding a bunch of Spanish mackerel and sharks. He also has been finding schools of redfish and trout over deeper flats in the mornings.

Capt. Dave Pomerleau, “The Mad Snooker,” said the weather is cooling down, which he said raises the oxygen level and makes the fish more active.

“The cooler the water, the more dissolved oxygen it holds,” he said. “With snook in the summertime, you have to take extra care to make sure they survive because there’s not much oxygen in that hot water.”

Pomerleau said he’s been catching an average of 30-40 snook per trip. “They’re saying the snook got wiped out, well, there’s still plenty of snook where I’ve been fishing,” he said. “I can’t say where I’ve been fishing, but I’ve been fishing real close to the Island. We’ve been fishing under the moon and the water’s smooth as glass at night, with a light ripple. Temperatures are comfortable, it’s 75 degrees, you’re not getting sunburn. You’re just enjoying the perfect temperature night air.”

Send fishing news and photos to fish@islander.org.

Islander Calendar – 9-29-2010

Wednesday, Sept. 29
5:30 to 7 p.m. — Longboat Key/Lido Key/St. Armands Key Chamber of Commerce “Business After Hours” at the Anna Maria Olive Oil Outpost, 401 Pine Ave., Anna Maria. Information: 941-383-2466. Fee applies.

Saturday, Oct. 2
8:30 a.m. — Manatee County Commissioner Larry Bustle speaks to the Kiwanis Club of Anna Maria at the Anna Maria Island Beach Cafe, 4000 Gulf Drive, Holmes Beach.
9 a.m. to noon — Coastal Cleanup volunteers meet at Anna Maria City Hall, 10005 Gulf Drive, Anna Maria; Kingfish Boat Ramp, Manatee Avenue/State Road 64, Holmes Beach; Coquina Beach, Gulf concession stand, Bradenton Beach; or FISH Preserve, 11601 Cortez Road, Cortez. Information: 941-795-8272.
9 a.m. to 2 p.m. — Kids fair at Crosspointe Fellowship, 8605 Gulf Drive, Holmes Beach. Information: 941-778-0719.
9 a.m. to 7 p.m. — Rotary Club of Anna Maria Island “Food Raiser” to benefit All Island Denominations food bank at Publix Super market in Holmes Beach. Information: 941-778- 1880.

Monday, Oct. 4
11 a.m. — “The History of Cortez” with Sam Bell at the Studio at Gulf and Pine, 10101 Gulf Drive, Anna Maria. Information: 941-359-4296.
6:30 p.m. — Artists Guild of Anna Maria Island meeting with guest speaker Suzi Fox, Anna Maria Island Turtle Watch, at the Episcopal Church of the Annunciation, 4408 Gulf Drive, Holmes Beach. Information: 941-778-1788.

Tuesday, Oct. 5
Noon — Jim Dunne will speak to the Rotary Club of Anna Maria Island at the BeachHouse Restaurant, 200 Gulf Drive N., Bradenton Beach.

Wednesday, Oct. 6
11 a.m. — Einstein Circle Discussion Group meets at the Studio at Gulf and Pine, 10101 Gulf Drive, Anna Maria. Information: 941-359-4296.
1:15 p.m. — Gulf Coast Writers writing session with Barbara Goff at the Island Branch Library, 5701 Marina Drive, Holmes Beach. Information: 941-778-7631.

Ongoing:
• The first and third Mondays of each month, the American Legion Post 24, 2005 75th St. W., Bradenton, hosts dinners for the public. Fee applies. Information: 941-794-3390.
• Tuesdays, 4:30 p.m., Inquiring Minds cross-denominational study group meets at Gloria Dei Lutheran Church, 6608 Marina Drive, Holmes Beach. Information: 941-778-4579.
• Wednesdays, 6 to 8 p.m., teens meet at the Anna Maria Island Community Center, 407 Magnolia Ave., Anna Maria. Information: 941-778-1908.
• Alternating Wednesdays, 11 a.m., memory loss support group at the Longboat Island Chapel Aging in Paradise Resource Center, 6200 Gulf of Mexico Drive, Longboat Key. Information: 941-383-6491.
• Wednesdays and Saturdays, 9 a.m., players pitch horseshoes in the pits at Anna Maria City Hall, 10005 Gulf Drive, Anna Maria. Information: 941-708-6130.
• Fridays, 11 a.m., Over 39ers group meets at Gloria Dei Lutheran Church, 6608 Marina Drive, Holmes Beach. Information: 941-778-1813.
• Fridays, Senior Adventures Group meets for outings to various locations throughout the summer. Information: 941-962-8835.
• Saturdays, 8:30 a.m., Kiwanis Club of Anna Maria Island meets at Cafe on the Beach, Manatee Public Beach, Holmes Beach.

OFF-ISLAND EVENTS
Saturday, Oct. 2
8 a.m. to noon — Open house at Felts Audubon Preserve, 4600 24th Ave. E., Palmetto. Information: 941-729-2222.
8 a.m. to 1 p.m. — Plant fair at the Manatee County Extension Office, 1303 17th St. W., Palmetto. Information: 941-722-4524.
10 a.m. to 5 p.m. — GreenHome Wamalama Green Business Expo at Robarts Arena, Sarasota County Fairgrounds, 3000 Ringling Blvd., Sarasota. Information: www.wamalama.com.
4 to 9 p.m. — Family Night at the Museum: “Farming, Food and Fun” at the South Florida Museum, 201 10th St. W., Bradenton. Information: 941-746-4131. Fee applies.

Coming Up:
• Oct. 7, “Ladies of the Camellias” opens, Island Players.
• Oct. 7, “Roguetoberfest,” Waterfront Restaurant.
• Oct. 7, “Antigone Now” performance, South Florida Museum.
• Oct. 7, “Connexions” season opening, Longboat Key Center for the Arts.
• Oct. 8, Anna Maria Island Community Center Golf Outing, IMG Golf and Country Club.
• Oct. 8, “Here and New” art reception, Anna Maria Island Art League.
• Oct. 8, Singer-songwriter night, Back Alley.
• Oct. 8-24, Festival sARTee.
• Oct. 9, Rummage sale, St. Bernard Catholic Church.
• Oct. 9, Master gardener nature tour, DeSoto National Memorial.
• Oct. 10, Artists Guild of Anna Maria Island “Sunset” exhibit, SunHouse Restaurant.
• Oct. 11, Life: A History of Life on Earth with Jeff Rodgers, Studio at Gulf and Pine.
• Oct. 12, Opera on the Island, Anna Maria Island Community Center.
• Oct. 12, Flu vaccines, Island Publix.
• Oct. 13, Exploring the Future of Energy: “The Electric Sunshine State,” South Florida Museum.

Save the Date:
• Oct. 15, World Party, South Florida Museum.
• Oct. 15-16, Bayfest.
• Oct. 16, ArtSlam, downtown Bradenton.
• Oct. 21, Empty Bowls luncheon for the Manatee Food Bank.
• Oct. 22, Goblin Gathering, G.T. Bray Park.
• Oct. 23, Causeway 4 the Cause cancer walk.
• Nov. 6, Snooty’s Gala.
• Nov. 12-14, ArtsHop.
• Nov. 13-14, Discover Egmont Key.
• Dec. 11-12, Winterfest.

AME school calendar
• 1:30 p.m. Sept. 30, birthday book club.
• After school Oct. 14, Parent Teacher Organization meeting.
• Oct. 14, picture retake.
• Oct. 15, no school.
• 5-7 p.m, Oct. 19, Parent Teacher Organization dinner followed by third-grade play.
• 6 p.m, Oct. 21, science information night.
• Oct. 25, no school.
• Oct. 28 Parent-teacher conference night.
• 9 a.m, Oct. 30, Fall Festival parade; 11 a.m. Fall Festival.
For more information, call the school office at 941-708-5525. AME is at 4700 Gulf Drive, Holmes Beach.

Send calendar announcements to diana@islander.org. Please include the time, date and location of the event, a brief description and a contact via e-mail and phone.

Historic Anna Maria recall vote certified

The first ever recall election in Manatee County history ended at 9 a.m. Sept. 20, when the Anna Maria canvassing board certified the Sept. 7 vote to recall Commissioner Harry Stoltzfus from office 362-331.

Certification came following a Sept. 16 order from Florida’s 2nd District Court of Appeal that lifted a stay of the certification by the 12th Judicial Circuit Court.

Gene Aubry, who ran against Stoltzfus in the recall election to fill the remaining 14 months of Stoltzfus’ term, will be sworn in as a commissioner at 9 a.m. Wednesday, Sept. 22, at Anna Maria City Hall, 10005 Gulf Drive.

Aubry received 363 votes to Stoltzfus’ 333 votes in the election for commissioner, which was on the same ballot as the recall question.

Prior to the DCA decision, Anna Maria city clerk and canvassing board chair Alice Baird said she had planned to certify the election Sept. 20 to be in compliance with state law.

Anna Maria Mayor Fran Barford said she was relieved that the recall issue was over.

“This was the democratic process,” she said. “Now, the city can get back to doing its business.”

But the DCA also gave Stoltzfus 20 days to respond to its certification order.

City attorney Jim Dye said it would be a “foggy area” if Aubry were sworn in to fill the remainder of Stoltzfus’ term and makes decisions, then Stoltzfus files his show cause motion and the DCA orders he be returned as commissioner.

Dye said he did not know why the DCA did not explain its decision in its order, but said the city was now “free to certify the election.”

In his opinion, certification is the final step in the recall process.

Efforts to reach Stoltzfus’ attorney, Richard Harrison, were unsuccessful.

A week of motions

A flurry of motions and court orders last week ended when the DCA issued its order late on the afternoon of Sept. 16.

The week began Sept. 13, when the DCA ordered the ballots be counted and the results announced to the public. The votes had been sealed under a court order by Circuit Court Judge Edward Nicholas, who also ordered that certification be withheld.

At 4:30 p.m., the elections office announced that 362 votes were cast for the recall of Stoltzfus, with 331 against. The voting for commissioner was 363 votes for Aubry and 333 for Stoltzfus.

But the results were not certified as Nicholas, at a Sept. 3 hearing, had ordered certification withheld until Sept. 24, unless the 2nd DCA ordered differently.

Attorney Andrea Flynn Mogensen of Citizens for Sunshine Inc., found a flaw in Nicholas’ order.

Florida election law requires an election be certified by the 12th day following an election or the results become moot, she said.
Mogensen filed an emergency appeal with the DCA Sept. 14 requesting the court “grant relief” and order certification.

Otherwise, she wrote, any certification after Sept. 20, including Nicholas’ Sept. 24 deadline, would be invalid. Mogensen asked the court to immediately grant an order to certify the election.

The DCA apparently recognized the time issue and ordered Stoltzfus and his attorney to respond by 3 p.m. Sept. 15.

Stoltzfus and Harrison filed a response that, essentially, claimed the recall petition and election were illegal and in conflict with a Florida Supreme Court decision in 1998 known as the Garvin case.

Harrison also argued that to certify the election prior to a decision on the appeal would harm Stoltzfus.

But Mogensen noted that Florida revised its election laws and certification procedures following the 2000 presidential election and the Garvin case no longer applied.

On Sept. 16, just 24 hours after receiving Stoltzfus’ reply, the DCA issued its order lifting the certification stay and gave Stoltzfus 20 days to show cause why the appeal already filed by Stoltzfus should not be moot.

Late on the afternoon of Sept. 17, Harrison was apparently seeking an emergency hearing before the Florida Supreme Court to stay the certification, according to an attorney involved in the case.

History of the recall

Stoltzfus was elected in November 2009 on a platform of ensuring all new developments in the city’s retail-office-residential district along Pine Avenue were safe for parking and complied with the city’s comprehensive plan and land-development regulations.

He opposed several ROR project site-plans submitted by Pine Avenue Restoration LLC.

In March, Stoltzfus received a public records request from legal consultant Michael Barfield of Sarasota to release all e-mails on his private computer pertaining to city business.

Following release of the e-mails, city resident Bob Carter said he was so shocked by the revelations he formed a Recall Commissioner Stoltzfus Committee to obtain the legal requirements for a recall election.

According to Carter and committee members, Stoltzfus in his e-mails had betrayed the public trust at the least and was guilty of misfeasance and malfeasance.

In e-mails released:

• Stoltzfus has pledged to kick the “asses” of Mayor Fran Barford and planning and zoning board member Bob Barlow, and called Barford a “donkey.”
• Stoltzfus asked Robin Wall to file a lawsuit against the city and offered financial backing for the effort.
• He asked other supporters to join the lawsuit.
• He provided individuals with information on how a lawsuit could be successfully prosecuted against the city.
• He communicated with an attorney representing a plaintiff in a legal action against the city.
• He communicated with a plaintiff who has filed a lawsuit against the city.
• He e-mailed an attorney offering him the job of city attorney after current city attorney Jim Dye is removed by Stoltzfus from office this November.
• He also asked the same attorney for advice on how he could avoid making public his personal e-mails about city business.
• Stoltzfus contended he’d like to see two Pine Avenue Restoration LLC projects on Pine Avenue bulldozed, although the projects were approved by the city and are already built.
• He directed his supporters on how to stop a proposal for Pine Avenue parking that he opposed.
• He said Barford was ignorant and stupid.
• He made allegations that city planner Alan Garrett and Dye are on the PAR payroll.
• He called Garrett incompetent.

When the e-mails became public record, Stoltzfus denied any wrongdoing or violation of Florida’s Sunshine Laws and said he was only doing what he pledged to do during his 2009 campaign.

The appeal

After the Recall Commissioner Stoltzfus Committee delivered its two required petitions to the supervisor of elections office and the circuit court, Stoltzfus filed a motion to have the petition dismissed on the grounds it was legally insufficient.

Nicholas, however, determined the recall petition was acceptable and forwarded it to the 12th Circuit Court.

Prior to Nicholas hearing the Stoltzfus dismissal motion on Aug. 12, Circuit Court Chief Judge Lee Hamond ordered the recall election be held Sept. 7, unless Nicholas ruled in favor of Stoltzfus.

Nicholas denied the Stoltzfus challenge in a decision announced Aug. 24. He upheld the petition, which allowed the election to proceed as scheduled.

Stoltzfus then filed appeals with the Florida Second District Court of Appeal and with Nicholas, requesting a stay of the vote until the appeal court decision.

On Sept. 3, Nicholas ruled the election would proceed as scheduled, but the ballots sealed and the election not confirmed until after 5 p.m. Sept. 24, or earlier if the appeal court announced a ruling.

If the appeal court had not reached a decision by Sept. 24, Nicholas said Stoltzfus could request a further stay of confirmation of the election results and the public announcement of the vote.

After the results of the recall vote were announced, Mogensen filed the emergency motion with the DCA.