The Anna Maria Island Sun Newspaper

Vol. 15 No. 2 - November 5, 2014

headlines

Forfeiture rules adopted
Carol Whitmore

JOE HENDRICKS | SUN
Vice Mayor Jack Clarke, left, addresses concerns
he has pertaining to Mayor Bill Shearon, right.

BRADENTON BEACH – The city’s new forfeiture of office resolution, aimed at embattled Mayor Bill Shearon, has been adopted as city policy.

Supported by Vice Mayor Jack Clarke and Commissioners Ed Straight and Jan Vosburgh, and opposed by Commissioner Janie Robertson and Shearon, Resolution 14-827 received final approval at the Tuesday, Oct. 28, special commission meeting.

The approved resolution provides the procedural groundwork for the quasi-judicial hearings that will determine whether Shearon is removed from office by his peers.

The next step in the process calls for the commission to present a list of specific charges Shearon is accused of, and this may occur as early as next week. The charges will serve as the basis for a trial-like hearing that will include public input and the presentation of evidence, testimony, and rebuttals.

Shearon will not chair the forfeiture hearings, nor cast a vote in the commission’s decision. Instead, he will assume the role of defendant while the four commissioners collectively serve as prosecutor, judge, and jury.

If three commissioners vote in favor of forfeiture, Shearon will be removed from office. He has the right to file an appeal, but according to City Attorney Ricinda Perry, the forfeiture would remain in effect unless a court ruled otherwise.

If the commission strips Shearon of his mayoral duties, Clarke will serve as mayor for the remainder of Shearon’s term, and a Ward 1 resident will be appointed to fill Clarke’s vacated commission seat.

Shearon said, Clarke said

During last week’s meeting, acting City Clerk Terri Sanclemente read into public record a statement prepared by Shearon.

“I have repeatedly requested details of commissioners’ concerns and action necessary to address those concerns. I have further requested this three times in writing. In addition, I committed to making changes that included assistance from outside sources,” his statement said.

“Resolving our differences with a forfeiture process will continue to divide the commission and the public. The voters elected the mayor to lead the city and should be given the right to change the mayor. For the majority of the commission to make this decision defeats the electoral rights of our country,” he added.

“I recommend we stop this process today and consider the past as errors in judgment by the mayor and commission. I further recommend we workshop our differences and agree by majority on direction. As a last resort, we could use a mediator to resolve the issues with less cost, time and effort,” Shearon concluded.

While reading his own prepared remarks, Clarke said he provided the mayor with specific concerns during a meeting in September.

“You are in denial. You have operated in a manner completely contrary to the spirit and letter of our city documents, ordinances, and resolutions. Your apology is noted, but there’s no indication that any change is forthcoming. In fact, you are quoted in interviews that you will not change,” Clarke said.

“Above all else, you have polarized this city,” Clark said, while sharing his view that continued public records requests, many of which were filed by Shearon’s girlfriend, Tjet Martin, are being used as a weapon that cripples city communications and consumes staff time.

“If you really place the best interests of the city and the health and welfare of its residents above your own, then save us the anguish and expense of the proceedings and resign your post as mayor,” Clarke concluded.

“I will never resign,” Shearon said in response.

Irene’s, the Feast and AMI Resorts Businesses of the Year

HOLMES BEACH – The Anna Maria Island Chamber of Commerce installed new officers and honored three business and the Chamber President Monday night at Key Royale Club.

The installation banquet formalities began with Rotary Club of Anna Maria Island Secretary Judy Rupp announcing that their choice for Businessperson of the Year was Chamber President Mary Ann Brockman for her 20 years of leadership. Chamber Board Chair Larry Chatt talked about how Brockman could do so much with so little, citing the fact that when he first visited her at her office, she had an old computer with a monitor “about the size of a postage stamp.”

He told her to spend some money and get a more usable computer.

Manatee County Commissioner John Chappee swore in the board members after dinner and then introduced the businesses vying for the honor of Business of the Year.

Irene’s Resort Wear won Small Business of the Year, The Feast restaurant was named Medium Business of the Year and AMI Resorts was Large Business of the Year. Irene’s owner Nanette Almeter thanked the Chamber, her staff and her family, including her great aunt, Irene Cassidy, for whom the business was named.

Chris Dale accepted the Medium Business of the Year award for The Feast, saying his brother could not he there because he was cooking.

David Teitelbaum accepted the Large Business of the Year Award for AMI Resorts, thanking the Chamber and his staff.

The contenders for the honors included Sign of the Mermaid restaurant, Anthony’s Cooling, Heating and Electric, Freedom Village, Consider it Done, Harry’s Continental Kitchen and Gagne Construction.

After being sworn in as Chairman, Larry Chatt spoke about new challenges facing the businesses. One aspect was making sure they remembered the residents of the Island.

“We shouldn’t bring in as much business as we can without concern with repercussions,” he said. “When residents complained about wedding receptions in rental homes, we refused to book them in residential areas.

“We want to input the community in a positive way,” he added.

Bridge reopens after repair
Anna Maria Island Sun News Story

LONGBOAT KEY – A shift in the alignment of the moveable bascule of the Longboat Pass Bridge put the drawbridge out of order on Friday, Oct. 24. When workers arrived to solve the problem, they found a 1 1/2-inch gap in the roadway had enlarged to four inches, locking the roadway in the down position. The bascule could not be raised for boats.

Workers placed temporary lock spans on the bridge, which got the bascule to operate again and the engineers are working on a permanent solution, according to Florida Department of Transportation spokesman Robin Stublen.

“We haven't finalized a design to fix it permanently,” Stublen said last week.

As flaggers kept the automobile traffic to one lane, workers attached the lock spans to the bascule Wednesday, and when they were finished, automobiles were able to use both lanes of the bridge. After testing the bascule’s ability to raise and drop back into place, officials ended the work.

Stublen said engineers would now attack other problems from the shift, according to Stublen. A maintenance project was planned for the Longboat Pass Bridge this week, but plans may change when they complete an assessment of the bridge’s condition, according to Stublen.

Underneath the bridge, crews are drilling to insert a potable water line for Longboat Key. Officials have not commented on whether that project effected the bridge’s alignment.

tom vaught | SUN
Workers last week install a lock span on the eastern curb of the bridge to help raise and lower the bascule. The Florida Department of Transportation is working on a permanent solution to the problem, according to spokesman Robin Stublen.

High court to hear Yates appeal

File photo

Commercial fisherman John Yates at the Cortez docks in 2009.

CORTEZ – An oral argument in the case of former commercial fisherman John Yates is scheduled to be heard by the U.S. Supreme Court on Wednesday, Nov. 5.

Yates was found guilty in 2011 of destroying evidence in a 2007 federal fisheries investigation based on trial testimony that three of 72 undersized grouper discovered by fisheries officers on his boat at sea were thrown overboard before Yates docked in Cortez.

One of the two charges Yates was convicted of is a violation of the anti-shredding provision of the Sarbanes-Oxley Act, which makes it a crime to “knowingly alter, destroy, mutilate, conceal, cover up, falsify or make a false entry in any record, document or tangible object with the intent to impede or obstruct an investigation.”

Attorneys for Yates contend that the provision does not extend to the destruction of anything meeting the definition of “tangible object,” but is limited to the destruction of tangible objects related to recordkeeping.

Another question the court may consider is whether the preclusion of a witness from testifying violated Yates’ due process rights.

Yates contended at trial that the fish were not properly measured.

In addition to his conviction on the charge of destroying evidence to impede or obstruct a federal investigation, he was convicted of disposing of evidence to prevent seizure. He was not convicted of lying to a federal officer.

Yates, who is still on probation, is not required to attend the oral argument, but his wife, Sandy Yates, plans to attend, she said.

The couple operates Off the Hook, a repurposed furniture shop in Cortez.

Crosswalk signs debated

Pat copeland | sun

A somewhat battered STOP for pedestrians
sign at the Island Shopping Center.

 

 

HOLMES BEACH – After receiving complaints regarding the crosswalk signs in the middle of the city’s streets, city commissioners agreed to bring the issue to a work session.

Commissioner Jean Peelen said she is hearing more and more objections to the signs that say, “STOP for pedestrians.”

“The stop sign on there is confusing to people,” she said. “They think they have to stop (even if no one is in the crosswalk) and could possibly cause an accident.

Commissioners David Zaccagnino and Pat Morton agreed, and Commissioner Judy Titsworth said drivers are running bicyclists off the road to avoid hitting the crosswalk signs.

However, resident John Hutcherson told the board he likes the signs.

“There was very little resect for the crosswalks a year ago,” he said. “Now people are stopping. They really do work. Maybe you could modify them.”

Residents Barbara and Stephen Szabo felt differently and said in an e-mail to the commission that they were coming home from a dinner on Longboat Key and nearly had an accident.

“We were cruising home at 35 mph some 40 feet behind a truck when that truck slammed on his breaks because the guy in front of him stopped for one of these many new pedestrian stop signs before the Walgreen’s shopping center. I had to slam on my brakes and nearly rear ended him by a mere one foot,” Szabo said.

He predicted that the signs would cause havoc with visitors and that the crosswalks that are “painted across the road with the yellow blinking light do the job.”

“My wife just got home from work at 3 p.m. and her store manager just told her he almost rear ended another driver who stopped for one of the crosswalk stop signs while driving his motorcycle, and no pedestrian was there crossing the road,” Szabo said.

He asked commissioners to reconsider the project and not install any new signs.

In a yes or no question at the Sun’s candidate’s forum, candidates were asked whether they thought the crosswalk signs should be taken out. Marvin Grossman said yes and no, Judy Titsworth said yes, Andy Sheridan said not in mass, David Zaccagnino said they need to be looked at because they are a safety hazard and Bob Johnson said yes as long as the roads stay the way they are.

Discover Egmont Key this weekend

CINDY LANE | SUN

The ruins of the U.S. Army Fort Dade Military Reservation
are still accessible to the public and can be explored on foot.

 

Come to Egmont Key State Park on Saturday, Nov. 8 and Sunday, Nov. 9 and "Discover the Island."

The event is the 17th annual fundraiser for the Egmont Key Alliance, a non-profit citizen support organization dedicated to protecting, restoring and preserving the key.

Egmont Key has been a prison for Seminole Indians and Confederate soldiers, a refuge for runaway slaves, a hideout for bootleggers during Prohibition and a wartime landing field. It’s now a harbor pilot base, a recreational boating destination and a bird, sea turtle and gopher tortoise refuge.

The first thing you’ll notice is the 156-year-old working lighthouse, built in 1858, which replaced one built in 1848 that was destroyed by storms. The light, which once ran on whale oil and lard, is now electric.

Watch Civil War re-enactors set up camp, demonstrate drilling maneuvers and engage in skirmishes.

Take guided or self-guided tours featuring plants, wildlife, and military and historical interpretive sites, like the ruins of the U.S. Army Fort Dade Military Reservation.

Hear presentations on military history, island history, live birds of prey and gopher tortoises.

The event also features art, music, children’s games and a silent auction. Hot dogs, chips, drinks and souvenirs will be available for purchase.

Shuttle ferries will be leaving Fort DeSoto Park in Pinellas County (not DeSoto National Memorial in Bradenton) from 9 a.m. to 2 p.m., with the last ferry returning to Fort DeSoto at 4 p.m.

Day passes include the ferry – adults and kids aged 12 and up, $18, kids 6-11, $5; kids 5 and under, free. Discounts are available for groups of 10 or more adults. Passes can be purchased online or at the ferry departure site on the beach between the Gulf Pier and Fort Museum.

To purchase passes or for more information, visit www.EgmontKey.info or call 813-361-7563.

artsHOP set for this weekend

The 8th Annual artsHOP will offer artistic visions of Shells, Sand & Sea all over Anna Maria Island from Nov. 7 through 9.

On Friday, Nov. 7, follow a gallery walk from 5 to 8 p.m. around Anna Maria, Bradenton Beach and Holmes Beach, with more than 20 art galleries and retail locations participating.

Island Gallery West, 5368 Gulf Drive in Holmes Beach, will host a reception on Friday, Nov. 7, from 5 to 8 p.m., for the late acrylics and oils artist Don Pulver, who passed away last weekend. His exhibit, “The World in Art,” will be accompanied by music from Chip Ragsdale. An art demonstration of Gyotaku (fish prints) is scheduled from 5 to 6 p.m. by Brenda Alcorn.

The Artists’ Guild of Anna Maria Island, 5414 Marina Drive in Holmes Beach, will be open on Friday, Nov. 7, from 5 to 8:30 p.m.

The Anna Maria Island Art League, 312 Holmes Boulevard in Holmes Beach, will be open Saturday, Nov. 8, from 10 a.m. to 2 p.m., and invites parents to visit the gallery while children create their own works relating to the theme, Shells, Sand & Sea.

A two-day Arts and Crafts Festival over the weekend at Holmes Beach City Hall Park will benefit the Holmes Beach Butterfly Garden.

The Island Players in Anna Maria will present a special presentation of "Murderers" on Friday, Nov. 7, at 8 p.m., and Sunday, Nov. 9, at 2 p.m.

The Anna Maria Island Concert Chorus and Orchestra will present a concert, “Symphony on the Sand,” on Saturday, Nov. 8, from 4:30 to 7:30 p.m. at Coquina Beach.

The Bridge Street Merchants will host the Bridge Street Art Walk in conjunction with their regular weekly market with live music on Sunday, Nov. 9, from 10 a.m. to 3 p.m.

A free Bridge Street Passport offers a chance at the grand prize: a two-night BridgeWalk stay, dinner for two at the Bridge Street Bistro, massage on the beach from Sea-renity Spa and more.

Visit Bridge Street on Sunday, Nov. 9, between 11 a.m. and 3 p.m., and have your passport stamped at six different art-filled places to enter the drawing.

The Anna Maria Island Art League, the Artists’ Guild of Anna Maria Island and SteamDesigns LLC, all in Holmes Beach, will host a joint public art show with sales proceeds to benefit WEDU’s ArtsPlus programming. Artwork will be on display through Nov. 29 at the three galleries artsHOP is sponsored by Cultural Connections, which promotes, supports and advocates for art and culture on Anna Maria Island.

For more information, visit www.islandartsHOP.com.

Cortez Stone Crab Festival this weekend

CINDY LANE | SUN

The Stone Crab Festival will raise funds to keep an appeal
to lift the net ban in front of the Florida Supreme Court.

 

CORTEZ – Stone crab is at the top of the menu at the Third Annual Cortez Stone Crab Festival on Saturday and Sunday, Nov. 8 and 9, from 10 a.m. to 9 p.m. on Sarasota Bay at the end of 119th Street West.

The free festival will feature music by the Bobby G Band, Razing Cane, Karen and the Big Bad Wolves, Doug Deming, Reid Frost, Brandi and the Ride, Eric von Hahmann and Ted Stevens and the Doo-Shots.

Besides stone crabs fresh from the Cortez docks, the menu includes Cortez hot dogs (mullet dogs), pizza, shrimp and grits, and other fresh-from-Florida seafood, with freshly-made pina coladas with the coconuts opened by machete while you wait. You can also browse the work of local artists, and there are pony rides for the kids.

The festival is a fundraising effort by the Swordfish Grill, the Flippin’ Mullet Sports Bar, Cortez Bait and Seafood, N.E. Taylor Boatworks and the Cortez Kitchen for Fishing for Freedom, which supports a pending appeal to the Florida Supreme Court to reverse the 1995 state constitutional amendment banning gill nets.

The state’s highest court is not under any obligation to take the case, according to lawyers for the plaintiffs, The Wakulla Commercial Fishermen’s Association, Panacea bait shop owner Ronald Fred Crum and mullet fishermen Jonas Porter and Keith Ward, who sued the Florida Fish and Wildlife Conservation Commission in 2012, arguing that its enforcement of the net ban actually creates the unintended bycatch that the ban was designed to prevent.

Fishing for Freedom members plan to display fishing nets at the festival with models of different sized fish, including adult and juvenile mullet, to demonstrate how the banned gill nets target legal size mullet and let juvenile fish escape.

During its various appeals, the case has resulted in the net ban being temporarily lifted twice. In the most recent decision, the First District Court of Appeal reversed the decision lifting the net ban, putting the ban back in place, and prompting the appeal to the Florida Supreme Court.

The ban was approved by Florida voters in 1994 to preserve fish populations and prevent the accidental entrapment of unintended marine life. The ban became effective in 1995, putting commercial fishermen out of work in Cortez and statewide.


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