Tag Archives: 09-15-2010
The 2nd District Court of Appeal has ordered that the recall election of Anna Maria Commissioner Harry Stoltzfus be confirmed by the city’s canvassing board.
Stoltzfus was recalled from office, 362-333, in a Sept. 7 vote, but certification of the results had been put on hold Sept. 3 by court order from 12th Judicial Circuit Court Judge Edward Nicholas.
However, Florida law calls for the certification of an election by the 12th day of the voting.
Citizens for Sunshine Inc., a public watchdog group represented by attorney Andrea Flynn Mogensen, filed an emergency motion Sept. 14 with the DCA as a friend of the court. Mogensen claimed that not certifying the election within the specified timeframe would be a violation of state law.
The DCA ordered Stoltzfus and his attorney, Richard Harrison, to respond to the emergency motion by 3 p.m. Sept. 15, but that response did not sway the DCA.
In its order, the lifted the stay of the election certification results.
Once the election is certified, the city will swear Gene Aubry into the office of commissioner to serve the remaining 14 months of Stoltzfus’ term.
Aubry ran against Stoltzfus for the commission term in the same Sept. 7 recall election. Aubry won by a 363-332 vote.
Harrison has claimed that the election and recall motion are both illegal, and he has vowed to continue Stoltzfus’ appeal.
The Recall Commissioner Stoltzfus effort began in March following the public disclosure of more than 800 of Stoltzfus personal e-mails pertaining to city business.
Some of those e-mails discussed ways to successfully sue the city, getting rid of city attorney Jim Dye and city planner Alan Garrett, and how Stoltzfus wanted to kick Mayor Fran Barford’s ass, among other assertions the Recall Commissioner Stoltzfus Committee found were misfeasance and malfeasance on Stoltzfus’ part.
Stoltzfus challenged the recall committee in court, but Nicholas said the committee’s petition for a recall vote was legally sufficient. Stoltzfus then appealed to the 2nd DCA, but the DCA has apparently determined the recall vote and certification are legal.
Stoltzfus can still appeal to the Florida Supreme Court.
Anna Maria commission candidate Gene Aubry waves on Pine Avenue as he campaigns in the Sept. 7 recall election. I Photos: Rick Catlin
Voters had their say Sept. 7 in the special election to recall Anna Maria Commissioner Harry Stoltzfus, but the results were only announced Monday, Sept. 13. Anna Maria voters chose 362 to 331 votes to remove Stoltzfus from office.
On the choice of who should serve his remaining term, Gene Aubry won the balloting with 363 votes to 333 votes for Stoltzfus.
At least, the results are certain, finally, after six days of waiting.
Manatee County deputy chief supervisor of elections Sharon Stief tabulated and announced the results with Anna Maria city clerk Alice Baird at the SOE office in Bradenton. Others present included Mike Barfield and Sandra Mattick.
Voter turnout for the recall election was “very good,” according to volunteer election workers at the Roser Memorial Community Church polling station.
“It’s been steady and heavy all day,” said one election volunteer, and that’s “good for a special election.”
Although the voting appeared to go smoothly, the results were ordered sealed.
Manatee County Supervisor of Elections Bob Sweat reported a total of 698 ballots were cast, including absentee votes.
The ballot contained two questions: Should Stoltzfus be recalled? Who should be the replacement commissioner, Stoltzfus or Gene Aubry?
Aubry said Monday, while on his way to join his wife in Michigan, when asked for his comment if he won or lost, jokingly, “I told you so.”
“We put our best foot forward. We never said anything bad about anybody. I put my credentials out there and hoped for the best. If in fact I’m elected, if it happens, I’m looking forward to serving.”
On Sept. 3, 12th Circuit Court Judge Edward Nicholas entered an order to seal the ballots of Sept. 7, and delay the election certification until 5 p.m. Sept. 24, allowing Stoltzfus to seek an expedited hearing before the DCA.
On Aug. 24, Nicholas held a hearing on Stoltzfus’ objection to the recall, at which time Nicholas entered an order allowing the recall, and subsequently, the election to proceed.
Stoltzfus appealed that decision, but then filed for a hearing and won his motion to stay the order and have the court seal the ballots and delay certification of the election.
Stoltzfus sought to keep the results of the election from the public by saying he could suffer irreparable harm before the matter could be heard on appeal.
Meanwhile, Citizens for Sunshine Inc., a public interest group in support of transparency in government, intervened in the Sept. 3 hearing, saying the ballots are public record.
CFS filed a request to intervene and a motion appealing the sealed ballots to the Second DCA for the right to inspect and examine the ballots — to unseal the ballots and make them public.
Stoltzfus filed a response agreeing to allow the unsealing of the ballots, but asking to maintain the stay on certification of the election.
The supervisor of elections asked to have the ballots unsealed and the election certified, or, in lieu of the certification, to at least unseal the ballots.
So, the recall election was held — the first-ever
recall vote in Manatee County history, according to
Sweat. And for six days, only machine knew the
Origins of Anna Maria 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.
• And he told Nicky Hunt that her already-approved retail-office-residential project that does not comply with current city code would not have a problem when construction begins.
Stoltzfus has denied any wrong-doing or violation of Florida’s Sunshine Laws and said he is only doing what he pledged to do during his 2009 campaign: uphold the codes and comprehensive plan of Anna Maria.
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 recall petition dismissed on the grounds it was legally insufficient.
Prior to Nicholas hearing the Stoltzfus dismissal motion on Aug. 12, Twelfth 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 an Aug. 24 decision and upheld the petition, which allowed the election to proceed as scheduled.
Stoltzfus then filed an appeal 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, 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 has not reached a decision by Sept. 24, Stoltzfus could request a further stay of confirmation of the election results and the public announcement of the vote.
The recall vote candidates
In an ironic twist, Stoltzfus has qualified to appear on the recall ballot and run to fill the remainder of his own term if he is recalled from office Sept. 7.
Gene Aubry also has qualified to fill the remainder of the term, and voting for both the recall and the commission seat will be done on the same ballot.
Florida law allows both the recall election and the election to fill the remainder of the recalled official’s term — should the recall be approved — to be on the same ballot. The law also does not prevent the subject of a recall vote from seeking the remaining term of the recall subject’s own office.
If Stoltzfus is not recalled from office, the recall election of a candidate to fill the remainder of his term is invalid.
By 10 a.m. Monday, all involved parties in the special election had filed either motions or responses demanding the immediate release of the voting results from the Sept. 7 election on the recall of Anna Maria Commissioner Harry Stoltzfus.
At 1:52 p.m., the notice came from the Second District Court of Appeal that “all ballots, including absentee ballots, cast in the recall election of Sept. 7, shall be unsealed and open for public inspection.”
The Manatee County Supervisor of Elections office arranged to tabulate the results at 4:30 p.m. and announced the results with Anna Maria city clerk Alice Baird present, along with Michael Barfield and Sandra Mattick. Neither Stoltzfus or Gene Aubry, the candidate for his remaining term were present.
The election had finally ended, but the certification did not take place. The Second DCA made no mention of certifying the election in its order.
Circuit Court Judge Edward Nicholas had ordered the recall to proceed, allowing the election to take place, but he also ordered the ballots sealed and the election certification stayed until 5 p.m. Sept. 24.
Nicholas’ decision allowing the recall to proceed was followed by an appeal from Stoltzfus to the Second DCA, but on Sept. 3, at an emergency hearing requested by Stoltzfus in circuit court, Nicholas ordered the ballots sealed and the certification of the election stayed until the matter could be reviewed by the DCA.
Last week, attorney Andrea Flynn Mogensen, representing the Citizens for Sunshine Inc., filed a notice with the DCA to intervene as a friend of the court, and a motion for an emergency hearing to have the stay order lifted and the ballots — the voting results — made public. Mogensen said CFS has been following the events related to the recall closely the past seven months.
Mogensen maintained a ballot is public record according to Florida law, and that Nicholas did not have authority to seal a public record.
County attorney Jim Minix, representing Manatee County Supervisor of Elections Bob Sweat, filed a response to the CFS motion seeking to allow Sweat to count the ballots. His response further requested that Sweat be allowed to certify the election.
But announcing the voting results and withholding certification doesn’t sit well with Anna Maria Mayor Fran Barford.
If Stoltzfus were recalled by citizens, but remained on the commission until an appeal ruling, that could create “chaos,” she said.
“What would happen later to a 3-2 vote” on a motion, ordinance or resolution, if Stoltzfus was recalled by the vote, but remained on the commission pending appeal?
Barford said the commission would be stuck knowing that one member has been recalled pending appeal. If that’s the case, any decision the commission makes by a 3-2 vote could be challenged, she indicated.
City attorney Jim Dye filed a response Monday on behalf of city clerk Alice Baird and the city asking the court to release the ballots.
Recall Commissioner Stoltzfus Committee attorney Rebecca O’Dell filed a response for the committee Monday as well, asking the court to order the ballots be released.
Stoltzfus also filed a response agreeing that the results of the recall election should be made public, but maintaining that certification should be withheld until the DCA rules on his appeal.
All the involved parties and attorneys appeared to agree that the vote should be announced immediately, but differ on when certification should take place.
The DCA has scheduled a “show cause” hearing for Stoltzfus’ appeal of the recall process for Sept. 20.
The Recall Commissioner Stoltzfus committee effort began in late March, following the public release of Stoltzfus’ private e-mails concerning city business.
Recall committee chair Bob Carter said that after he and other concerned citizens read the more than 800 e-mails Stoltzfus submitted under a public records request, the recall movement began in earnest, eventually leading to the Sept. 7 recall vote.
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Anna Maria taxpayers appear pleased with the city’s proposed $2.1 million budget for 2010-11, and with the city commission’s decision to retain the current 1.7882 ad valorem tax rate.
Only one member of the public, planning and zoning board member and mayoral candidate Sandy Mattick, showed up for the Sept. 8 hearing on the 2010-11 budget.
Commissioners dealt swiftly with one new item in the proposed budget, a request from Sgt. Dave Turner of the Manatee County Sheriff’s Office Anna Maria substation for two new laser guns to track vehicle speeds.
City treasurer Diane Percycoe said the MCSO has eight such lasers, but two of them are beyond repair. The lasers were purchased in 2000, she said.
The commission approved a budget item for the purchase of two lasers at $2,250 each, with the money coming from the city’s contingency fund. The fund would then be reduced to $70,000 in the budget.
Staff members will receive an across-the-board 5 percent pay raise, the first pay increase for the staff in five years, Mayor Fran Barford said.
Commissioners unanimously agreed to retain the 1.7882 ad valorem millage rate, although it would take a rate of 1.8665 to collect the same amount of ad valorem tax revenue — property taxes — as in the 2009-10 budget.
The commission voted unanimously to take the estimated $45,000 shortfall to meet projected expense requirements in the proposed budget from the city’s $990,000 reserve fund.
The city would have a reserve to operating budget percentage of 44.7 percent, well above the 35 percent level recommended by the city auditor.
Because of the recent decline in property values, a 1.7882 ad valorem rate will actually reduce a property owner’s tax bill, Percycoe said.
One mil equals .1 percent (1/10 of 1 percent). A person with a home at an assessed value of $300,000 without exemptions, and at an ad valorem tax rate of 1.7882 mils, would pay $536.46 in property taxes for fiscal year 2010-11.
The final public hearing for the 2010-11 budget is scheduled for 6 p.m. Sept. 22.
Proposed Anna Maria 2010-11 budget itemized
Ad valorem revenues
The first Holmes Beach hearing on the proposed 2010-11 budget was to be at 7 p.m. Tuesday, Sept. 14, at Holmes Beach City Hall, 5801 Marina Drive.
Mayor Rich Bohnenberger called the budget, in which there is no proposed tax increase and a 9.64 percent reduction in tax revenue to the city, “lean and mean.”
“We’re all facing cutbacks in the future,” Bohnenberger said. “The real estate market is not turning around. It’s not what you’re reading in the media and what you’re seeing on TV. The real estate market is going to continue to suffer, in my opinion.”
The final public hearing on the budget will be held Tuesday, Sept. 28.
Bohnenberger said for the third consecutive year, city employees will not receive a pay raise based on a pay-scale plan.
The city proposed to forgo the roll-back rate of 1.9369 mills. The roll-back rate is the millage rate needed to generate the same tax dollars from fiscal year 2009-10.
Instead, the city decided to propose a millage for the coming budget year at 1.7500 mills, a 9.64 percent decrease from the current 1.7549 millage rate.
That 9.64 percent reduction results in a $224,621 decrease from last year in local tax dollars to the city.
If the city levies the proposed 1.75 millage rate, the local tax on a $350,000 home, without taking any exemptions into account, would be $612.50. A mil is $1 for every $1,000 of assessed value of property.
The city proposes total revenue and spending limits of $8,413,450, up from $7,865,490 last year.
The mayor said he welcomes citizens to the meeting, but he does not expect them to have complaints.
“It’s a lean, mean budget as it is, unless you want to learn what’s in it,” Bohnenberger said.
|HB budget by the numbers|
|Category||2009-10 budget||2010-11 budget|
|Millage:||1.7549 mills||1.7500 mills|
|Ad valorem taxes:||$2,269,600||$2,060,079|
Bradenton Beach commissioners voted last week to move forward with a $2.66 million spending plan for 2010-11 and likely will adopt the budget this week.
The commission, meeting Sept. 7 at city hall, 107 Gulf Drive N., also unanimously adopted a resolution setting the proposed millage rate — the rate used to collect property taxes for the city — at 2.1539 mills.
The rate is the same as the rate for the 2009-10 budget and 13.39 percent less than the roll-back rate, which, according to the Manatee County Property Assessor’s Office is 2.4868 mills.
Florida’s Truth in Millage or TRIM law defines the roll-back rate as the millage rate, which, when multiplied times the tax base — exclusive of new construction added to the tax roll — would yield the same amount of revenue for the taxing authority as was yielded by the millage rate levied in the previous year.
In stronger economic times, the tax base rises by virtue of assessment, causing the roll-back rate to be lower than the previous year’s millage rate. But the tax base has declined in Bradenton Beach, and many other Florida municipalities. So, for the upcoming budget, Bradenton Beach would be raising taxes if it used the roll-back rate.
“We sure wouldn’t want to go to the roll-back rate,” Mayor Bob Bartelt said at the Sept. 7 meeting.
The meeting began shortly after 7 p.m., with the mayor and three of the four commissioners at the dais — Gay Breuler was absent — and city clerk Nora Idso at the clerk’s desk.
The audience consisted of a reporter and Manatee County Commissioner Carol Whitmore.
Idso commented, “This is my 10th budget. This is my sixth one as city clerk. The most we’ve ever had in a budget audience is three people and two press.”
When Bartelt opened the budget hearing and invited public comment, there was silence, so he moved on.
The meeting lasted 13 minutes and included three unanimous votes: adoption of a resolution setting the proposed millage, adoption of a budget resolution and approval of a first reading of an ordinance for the 2010-11 budget, which would take effect Oct. 1.
The commission, working with the city clerk and other department heads, held numerous meetings to prepare the budget, beginning in the spring and continuing through July.
From the start, the commission was using a proposed budget that set the tax rate at 2.1539 mills per $1,000 of assessed property value, the same rate used in financing the 2009-10 and 2008-09 budgets.
If the city levies the proposed 2.1539 millage rate, the local tax on a $400,000 home, without taking exemptions into account, would be $861.56.
The overall proposed budget does not call for spending any of the city’s reserves, which was required this year.
It would provide for the elimination of the program/project management department, which would yield a savings of about $115,394.
Some of the cost savings would be used to finance a 5 percent pay raise for city employees.
The mayor has said that employees have not received a raise in three years.
A 5 percent raise for an employee earning the city’s minimum wage would mean 57 cents more per hour or $22.80 more for a 40-hour week.
The budget also contains decreased estimates for fuel costs, employee overtime, professional fees and attorney services.
Overall, the proposed budget is $2,667,114.40 compared with $2,847,301 for 2009-10.
The budget year is from Oct. 1 to Sept. 30; the tax year is from Jan. 1 to Dec. 31.
The final budget hearing was set for 7 p.m. Tuesday, Sept. 14, at city hall.
Now and later
|Category||2009-10 budget||2010-11 budget|
|Millage:||2.1539 mills||2.1539 mills|
|Roll-back rate:||2.304 mills||2.4868 mills|
|Ad valorem taxes:||$1.07 million||$873,808|
|Total revenues:||$2.72 million||$2.68 million|
|Total expenses:||$2.84 million||$2.66 million|
|Source: Bradenton Beach budget worksheet|
Dawn Viens is pictured, center, and David Viens is at the right on the scooter, in this photo from the market opening in 2004.
The disappearance of a former Anna Maria Island woman nearly a year ago is now being investigated as a homicide.
The Los Angeles County Sheriff’s Department began searching for ex-Islander Dawn Marie Viens, 37, of Lomita, Calif., after she was reported missing Oct. 18, 2009.
The case, for close to a year, has been pursued as a missing person investigation by a detective in that division of the department.
But last week the sheriff’s department confirmed that two homicide detectives are now reviewing the case files and looking into Viens’ disappearance.
Viens was last seen leaving work at the Thyme Contemporary Cafe in Los Angeles County, which she was operating with husband David Robert Viens, according to the sheriff’s department.
She did not take her car or more than $600 in cash she had asked a friend to hold.
The Viens lived on Anna Maria Island several years ago. They owned a home in Holmes Beach and operated the Beach City Market in Bradenton Beach.
In 2005, the Manatee County Sheriff’s Office led a raid at the market and home.
David Viens was arrested Jan. 6, 2005, on suspicion of marijuana possession with intent to sell or distribute within 1,000 feet of a school, possession of opium and possession of a firearm by a convicted felon. He also was arrested on suspicion of trafficking marijuana.
Dawn Viens, at the time, described her husband to law enforcement as a “middle dealer,” according to newspaper archives.
On April 5, 2005, the state attorney dropped all the charges.
In Los Angeles County, the Viens had been operating Thyme Contemporary Cafe for less than a year before Dawn Viens disappeared.
She is described as having red hair, brown eyes, a tattoo of a yellow butterfly on her right hip, a star tattoo on an ankle and is about 110 pounds. She is about 5 feet 7 inches tall.
The sheriff’s department is asking that information about Viens’ whereabouts be reported to 323-890-5500.
This check looks real, but offers only a scam, not dollars.
The excitement, Nancy Eastman said, lasted about 5 minutes.
Then the Bradenton Beach resident began to suspect the prize award — a $3,980 check she received — was a fake.
Island residents should make sure they are not victims of a scam.
The Eastmans, who make a living by transporting neighborhood residents and vacationers to the Sarasota-Bradenton International Airport, said the letter containing the check arrived in an envelope with no return address, only a Canadian postmark.
The letter read, “Congratulations! We are pleased to inform you that you are one of the lucky winners in the CUSTOMER COMPENSATION APPRECIATION BONANZA in the 2nd category, held on Friday, July 6 2010 for all customers of U.S. and Canada….”
“And the check looked so real,” said Nancy’s husband Joel. “If it wasn’t so real, we wouldn’t have taken it to the bank. We would have taken it right to the shredder.”
Nancy Eastman said they took the envelope, letter and check to the Bank of America, where she said a representative immediately spotted it as a fake.
In the letter, the author, a Mr. Kennedy Nelson, requested the Eastmans send $2,980 via Western Union to cover the tax of their $125,000 prize.
Nancy Eastman said she hopes others will not be scammed.
“I hope at least one person reads the (Islander) article,” she said, “and saves themselves a world of heartache.”
The heartache, she said, came from the emotional down when she realized the check was a fake.
“I could have easily laughed about the check and put it in a photo album,” she said.
Instead, she plans on putting the check through the paper shredder.
Arthur Stanley Bussey
Arthur Stanley Bussey,95, Holmes Beach, died Sept. 8. He was born in Turner County, Ga.
Mr. Bussey came to Holmes Beach in 1972 from the nation’s capital, where he had been an architect in the Department of the Navy. He was an honor graduate of the University of Florida and member of Tau Beta Pi, Phi Kappa Phi and Phi Eta Sigma honorary societies. He was a member of the Society of Naval Architects and Marine Engineers, the American Society of Civil Engineers, the U.S. Naval Institute, the Navy League and a registered professional engineer in the District of Columbia. Locally he was a member of the Bradenton Yacht Club, past Flotilla commander and past division captain of Flotilla 81 Anna Maria of the U.S. Coast Guard Auxiliary.
He and his wife traveled extensively to destinations in each of the world’s 24 time zones and to all seven continents.
Private family services will be held at a later date. Memorial donations may be to either the U.S. Coast Guard Auxiliary Flotilla 81 Anna Maria, in care of Commander John S. Alexander, P.O. Box 20877, Bradenton FL 34204or the American Red Cross. Condolences for the family may be made online at www.shannonfuneralhomes.com. Arrangements by Shannon Funeral Home Town Chapel, Bradenton.
He is survived by his wife of 70 years Wilma E.; daughter Linda A. Griffin of Reston, Va.; son Arthur S. III of Holmes Beach, sister Mary W. Whitford of Delray Beach; four grandchildren, and six great-grandchildren.
Mary E. Greer
Mary E. Greer, nee Newhoffer, 86, died Aug. 25 in Littleton, Colo. She was born Sept. 30, 1923, in Philadelphia.
Mrs. Greer was a resident of Bradenton and Perico Island for nine years and lived in Pennsylvania, Kentucky, Michigan, Colorado, New York, Illinois and Frankfurt, Germany. She traveled the world with her late husband, James. In addition to traveling, she enjoyed reading, music, crafts, gardening, volunteering and photography, especially taking photos of her family and the numerous places she visited throughout the years.
A private memorial service will be held at Bean Point on Anna Maria Island, where her late husband also was memorialized in 1999. Donations may be made to a hospice of choice.
Mrs. Greer is survived by daughter Carol Greer Siemaszko and husband Ed Siemaszko; grandson Jan Siemaszko and wife Cat; and great-granddaughter, Mena. She also is survived by a son and his family, who requested they not be named.
Kris Hall, 57, of Bradenton and formerly of Bradenton Beach, Cortez and Fall River, Mass., died Sept. 4. He was born Nov. 5, 1952, in Fall River. He came to Manatee County from Fall River more than 20 years ago. Mr. Hall worked in construction. He was a member of the Anna Maria Island Moose Lodge. He was of the Catholic faith, although he embraced the Orthodox Church.
Arrangements were by Shannon Funeral Home Town Chapel, Bradenton. Condolences for the family may be made online at www.shannonfuneralhomes.com.
Mr. Hall is survived by his wife, Elham Feanny-Hall; three step-children, Nichole, Jasper and Cary Lynn; brother Dave and sister Kathleen E. Roy, both of Bridgewater, Mass.; step-grandson Nicolas, and many extended family members and friends.
Herbert Dutcher Shuart
Herbert Dutcher Shuart died Sept. 6. He was born May 29, 1929, in Mahwah, N.J. Mr. Shuart worked at Midland Lumber Company in New York, leaving as foreman in 1957 to offer private contracting services. He was a self-taught craftsman and builder, leaving behind a legacy of custom homes and woodwork. In 1966, he introduced his family to country living, farming and raising horses and livestock on homesteads near Middletown and Thompson Ridge, N.Y. In 1970, the Shuarts bought Jan’s Hobby Shop in Holmes Beach and moved to Anna Maria Island. The family ran the shop together, offering craft and painting classes. After selling the store, they moved to Bradenton, where they were 28-year members of Church of the Cross. On Aug. 25, the Shuarts celebrated 60 years of marriage.
Visitation was Sept. 9 at Shannon Funeral Home, Westview Chapel, Bradenton. A service of celebration was held Sept. 10 at Church of the Cross, 5051 26th St. W., Bradenton. Internment was to be at Manasota Memorial Park. Memorial donations may be made to Tidewell Hospice & Palliative Care, 5955 Rand Blvd., Sarasota FL 34238, or to the Church of the Cross. Condolences may be made online at www.shannonfuneralhomes.com.
Mr. Shuart is survived by wife, Jeannette (Jan); son Don of Decatur, Ga.; three daughters, Pat Lowenhaupt of Palmetto, Judy Witt of Bradenton and Debbie and husband David Cerquozzi of Myakka City; two brothers, Arthur of Howes Cave, N.Y., Curtis and wife Regina of Suffern, N.Y.; six grandchildren, Lisa Greenwalt, Jamie Lowenhaupt and Andy, Ashley, Joey and Joshua Cerquozzi; and four great-grandchildren.
528 72nd St., Holmes Beach, a 4,014 sfla / 9,061 sfur 4bed/3½bath/4car bayfront pool home built in 2008 on a 105×112 lot was sold 08/25/10, Walding to Overstreet for $1,450,000; list $1,850,000.
512 Bayview Place, Anna Maria, a 1,512 sfla / 2,273 sfur 3bed/2bath/1car built in 1967 on a 79×135 lot was sold 08/25/10, Boyle to Mintfish LLC for $800,000.
612 North Point Drive, Holmes Beach, a 2,383 sfla / 2,993 sfur 4bed/3bath/2car canalfront home built in 1993 on a 83×100 lot was sold 08/26/10, Sheffield to Fetters for $525,000; list $549,000.
209 69th St., Holmes Beach, a 1,950 sfla / 3,763 sfur 4bed/4bath/3car duplex with pool buil tin 1980 on a 70×111 lot was sold 08/18/10, Alvarez to Palm Pelican Inc. for $480,000; list $519,000.
522 67th St., Holmes Beach, a 1,314 sfla / 2,160 sfur 2bed/2bath/1car canalfront home built in 1972 on a 80×111 lot was sold 08/25/10, Curtin to Flood for $400,000; list $450,000.
519 77th St., Holmes Beach, a 1,573 sfla / 1,906 sfur 3bed/1½bath/1car canalfront home built in 1960 on a 90×104 lot was sold 08/18/10, FV Bradenton Residental Properties LLC to Handley for $400,000; list $449,900.
333 Tarpon St., Anna Maria, a vacant 75×110 canalfront lot zoned R2 was sold 08/25/10, Chilli Fish LLC to Martin for $300,000.
2903 Avenue B, Holmes Beach, a 1,464 sfla 4bed/4bath duplex built in 1971 on a 50×100 lot was sold 08/16/10, Lehmer to Gibbs for $278,000; list $299,000.
3702 Sixth Ave., Unit 4, Beach View of Manatee, Holmes Beach, a 1,047 sfla / 1,264 sfur 2bed/2bath condo with shared pool built in 1984 was sold 08/26/10, Schmidt to Giammatteo for $230,000; list $259,000.
Jesse Brisson, broker/associate at Gulf-Bay Realty of Anna Maria, can be reached at Gulf-Bay 941-778-7244. Copyright 2010