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Bradenton Beach Sunshine lawsuit Mapes

Trial date set for Sunshine lawsuit

Written by Joe Hendricks on . Posted in First Place, Special Sections.

BRADENTON BEACH – The Sunshine Law lawsuit involving six former city board members is tentatively scheduled for trial on or around March 11.

The trial date was established during a Monday, Dec. 3, case management hearing. City attorney Ricinda Perry then provided city commissioners with an update during the commission’s Thursday, Dec. 6, meeting.

Perry said the parties involved have agreed to a pre-trial mediation session on Feb. 25 in an attempt to reach a settlement before the case goes to trial.

First Place
First Amendment Defense
Jon A. Roosenraad Award
2019

“Nothing can be binding until it comes before you all,” Perry told the commission regarding any proposed settlement.

Perry said the goal is to try to convince some or all of the defendants to apologize for their past actions and come up with a reasonable settlement.

Perry said she’s not optimistic about a settlement because John Metz’s attorney, Tom Shults, recently scheduled depositions for her, city resident Jack Clarke, City Planner Alan Garrett and City Clerk Terri Sanclemente.

Filed on behalf of the City Commission and Clarke as co-plaintiffs in August 2017, the lawsuit alleges Planning and Zoning Board members Reed Mapes, Metz, Patty Shay and Bill Vincent, and Scenic WAVES Committee members Tjet Martin and Rose Vincent violated Florida’s Sunshine Law.

The allegations pertain to open public meetings and discussions about city matters that had or could foreseeably come before the board and committee members in their official capacities. The lawsuit also alleges violations of Florida’s public records law regarding private email exchanges in which the defendants discussed parking garages and other city business.

During the July 25, 2017, Concerned Neighbors of Bradenton Beach (CNOBB) meeting, Mapes proposed a charter amendment initiative that would have prohibited parking garages citywide if pursued and adopted. During that meeting, Metz and others also expressed opposition to parking garages. That meeting was recorded and posted on the CNOBB website.

When Perry learned of that discussion, she told the commission a request to build a parking garage would require Planning and Zoning Board review and would likely require Scenic WAVES Committee input too. Perry feared this now put the city at risk of being sued should an application to build a parking garage be submitted.

The commission later voted 4-1 in favor of taking legal action, with then-mayor Bill Shearon casting the only opposition vote.

The lawsuit seeks a judge’s ruling as to whether the violations occurred. The city also seeks to recoup some of its legal costs if the defendants are found guilty. As of last week, those fees totaled $116,305.

Mapes letter rebutted

While discussing these matters last week, Perry and Mayor Chappie rebutted what they said were some false claims contained in a letter written by Mapes that was recently published in both Island newspapers.

“The city codes at the time did not allow for a parking garage and still don’t. Our discussion was about an initiative, not about a parking garage,” Mapes stated in his letter

When Mapes proposed a citywide parking garage prohibition in 2017, the city’s comprehensive plan and land development code still allowed parking garages in several areas. It was not until August of this year that the commission adopted two ordinances that now prohibit multi-level and stand-alone parking garages throughout the city.

Mapes’ letter also referenced the only known settlement offer to date: “They could have accepted our initial offer to give token amounts to charity and resign from the boards and walk away,” he wrote.

On Sept. 5, 2017, attorney Jim Dye, on behalf of his five clients at the time, minus Metz, submitted to attorney Robert Watrous the first and only settlement offer.

Dye’s letter noted the five defendants he represented had all resigned from their city positions and were willing to pay $100 each toward the city and Clarke’s legal fees, with no admission or denial of liability or fault. There was no mention of any charity.

Watrous’ written response to Dye said, “My clients categorically reject your settlement offer.”

Last week, Chappie said, “With regards to some claim by him (Mapes) that a settlement offer was made with a donation to charity, that’s the first I heard of this. What are you trying to do, putting out a totally false statement to the people of our community? That never happened,” Chappie said.

Chappie noted the settlement offer was proposed when the city’s legal costs were only about $5,000, and all the commission wanted was an admission of guilt and to have the city’s legal costs taken care of.

“They flat-out said no and countered with $100 from each and that was it,” Chappie said.

Related Coverage

Commissioner deposed regarding Sunshine lawsuit

Sunshine lawsuit depositions continue

Mapes and Martin deposed in Sunshine lawsuit

Bradenton Beach commissioner deposed

Commissioner deposed regarding Sunshine lawsuit

Written by Joe Hendricks on . Posted in First Place, Special Sections.

BRADENTON BEACH – City Commissioner Randy White has been deposed as part of the discovery process for the city-initiated 2017 lawsuit that alleges six city advisory board members violated the Sunshine Law.

White is not a defendant in the lawsuit and has not been accused of any wrong-doing in connection with the lawsuit filed before he took office in November 2017. White was the first non-defendant to be deposed in this lawsuit.

First Place

First Amendment Defense

Jon A. Roosenraad Award

2019

Representing the city of Bradenton Beach and co-plaintiff Jack Clarke, attorney Robert Watrous told White the Wednesday, Nov. 14, deposition would pertain only to events that transpired before he became a city commissioner. Paralegal Michael Barfield assisted Watrous with the deposition.

White was represented by attorney Hunter Norton. The deposition took place in the conference room at the Vincent M. Lucente & Associates court reporting services building in Bradenton.

Clarke attended the deposition. So did defendant Reed Mapes and his attorney, Jim Dye; defendant John Metz and his attorney, Thomas Shults; and defendants Tjet Martin, Patty Shay, Bill Vincent and Rose Vincent. All six defendants are former city advisory board members and former members of the now-defunct Concerned Neighbors of Bradenton Beach (CNOBB) political action committee.

Former Bradenton Beach Mayor Bill Shearon and former city commissioner and CNOBB member Janie Robertson also attended the deposition.

The 2017 civil lawsuit alleges four Planning and Zoning Board members and two Scenic WAVES Committee members violated the Sunshine Law by discussing past and potential board business – including a prohibition on parking garages – via private email exchanges and during CNOBB meetings that were not properly-noticed city meetings.

The questions Watrous posed, the answers given and the documents reviewed during the deposition did not indicate any wrong-doing by White.

During the deposition, White confirmed that the handwritten notes he previously turned over to the city clerk’s office in June were written by him. City Attorney Ricinda Perry requested the notes White had on the dais with him during a commission meeting discussion regarding payment of an invoice from Watrous and a same-day discussion about four charter amendments proposed by Mapes, Metz and their Keep Our Residential Neighborhoods (KORN) political action committee.

White has been the only commissioner to oppose payments to Watrous and the only commissioner to support KORN’s unsuccessful request to have its proposed charter amendments placed on the ballot for the recent city elections.

White said the notes he turned over in June were all written by him during his campaign and before he was elected.

Watrous asked White about his handwritten note that said, “Can I talk about CNOBB meetings and state for the record that you guys did not break any Sunshine laws that I witnessed in CNOBB meeting?”

White said that note was written in preparation for a candidate’s debate and as a response to a potential media questions.

“If it comes up, I will state for the record I personally believe they didn’t break any laws,” White said.

Watrous asked White if any concerns about Sunshine Law compliance were voiced at the CNOBB meetings he attended.

“The Sunshine Law was spoke of at the beginning of a meeting. I don’t think there was concern whether it was followed or not. I guess it was assumed it was followed. I didn’t know anything about it, I was just ‘John Q Public’ who showed up at these things,” White said.

Watrous asked White if he recalled any discussion about parking garages during CNOBB meetings.

“Yes, it was brought up,” White said.

White’s two-hour deposition and the emails received from him and others as part of the pre-trial discovery process also shed light on White’s relationships with the defendants, CNOBB and the support he received from them during his 2017 campaign.

“CNOBB was founded by people I know very well, people I’ve known for years,” White said.

He then acknowledged that some of those people were currently sitting in the conference room.

“It kind of started with Mayor Shearon and then I met the Vincents and went from there,” White said.

Related coverage

Sunshine lawsuit depositions continue

Mapes and Martin deposed in Sunshine lawsuit

Press conference sheds light on Sunshine lawsuit

Awards

Sun earns nine statewide awards

Written by Sun staff on . Posted in Feature, Opinion.

The Anna Maria Island Sun was recognized with nine awards in the 2018 Florida Press Club Excellence in Journalism Competition at a ceremony in Mt. Dora on Saturday.

The Sun’s online edition, amisun.com, won third place for “News Website” statewide, competing against online newspapers of all sizes.

Staff writer Kristin Swain swept the “Community News Writing” category, winning all three awards in the division. Her first place award is for “Hurricane recovery begins for condo owners,” about delays in the repairs of several Holmes Beach condos damaged by Hurricane Irma. She won second and third place awards for “Protecting Holmes Beach from rising tides,” about a city engineer’s plans to harden the city against flooding, and “Property owners sue neighbors for complaining about noise,” about vacation rental owners suing neighbors who reported noise violations to the city.

Staff writer and Digital Editor Cindy Lane won first place in “Commentary Writing” for “The press goes back to school,” about statewide coverage erroneously reporting that a new Florida law allowed beachfront property owners to keep people off the beach.

She won second place in “Online Package” with Bob Hite, of Kinship Productions, for “Vaught’s Vietnam,” (see video) a story honoring the military service of Sun staff writer Tom Vaught; second place in “That is so… Florida” for “State investigates net camp construction,” about a Cortez resident who built a structure on pilings in state waters; second place in “General News Writing” for “Fishermen ask Floridians to cast vote against net ban,” about commercial fishermen’s efforts to put a constitutional amendment on the state’s ballot reversing the net ban; and third place in “Features Photography” for “Island SUNset.”

- Cindy Lane | Sun

- Cindy Lane | Sun

 

Sun showered with journalism awards

Written by Sun staff on . Posted in Awards.

2018

Sun earns nine statewide awards

The Anna Maria Island Sun was recognized with nine awards in the 2018 Florida Press Club Excellence in Journalism Competition at a ceremony in Mt. Dora on Saturday.

The Sun’s online edition, amisun.com, won third place for “News Website” statewide, competing against online newspapers of all sizes.

Staff writer Kristin Swain swept the “Community News Writing” category, winning all three awards in the division. Her first place award for “Hurricane recovery begins for condo owners” was about delays in the repairs of several Holmes Beach condos damaged by Hurricane Irma.

She won second and third place awards for “Protecting Holmes Beach from rising tides,” about a city engineer’s plans to harden the city against flooding, and “Property owners sue neighbors for complaining about noise,” about vacation rental owners suing neighbors who reported noise violations to the city.

Staff writer and Digital Editor Cindy Lane won first place in “Commentary Writing” for “The press goes back to school,” about statewide coverage erroneously reporting that a new Florida law allowed beachfront property owners to keep people off the beach.

Lane won second place in “Online Package” with Bob Hite, of Kinship Productions, for “Vaught’s Vietnam,” a story honoring the military service of Sun staff writer Tom Vaught.

See video

She won second place in “That is so… Florida” for “State investigates net camp construction,” about a Cortez resident who built a structure on pilings in state waters.

Lane won second place in “General News Writing” for “Fishermen ask Floridians to vote against net ban,” about commercial fishermen’s efforts to put a constitutional amendment on the state’s ballot reversing the net ban.

Lane won third place in “Features Photography” for “Island SUNset.”

– Cindy Lane | Sun

 Sun showered with journalism, Sunshine awards

The Anna Maria Island Sun earned seven statewide awards for reporting and photography in print and online at the Florida Press Association Weekly Newspaper Contest on Aug. 10, 2018.

First place awards

  • Staff writer Joe Hendricks, First Amendment Defense, for “Bradenton Beach Sunshine Violations.” Hendricks also won the statewide Jon A. Roosenraad award for First Amendment Defense.

Sunshine lawsuit filed

Metz defense challenges Sunshine Law

 

  • Columnist Sean Murphy, Humorous Column, for “Uncle George’s Zipper Parade.”

Second place awards

  • Cartoonist Steve Borggren, Original Local Editorial Cartoon, for “To Die For,” depicting red tide victims.

  • Staff writer Cindy Lane, Online Slideshow, for “Flippers and Feathers,” featuring photos and information about manatees, dolphins, sea turtles and shorebirds.

Third place awards

  • Staff writer Cindy Lane, Photo Series in One Issue, for “Surf’s Up,” featuring West Coast Surf Shop summer surf campers.

FPA trophies 20172017: Sun best weekly in Florida

The Anna Maria Island Sun earned the distinction of being the best weekly newspaper of its size in the state of Florida.

The first place award in General Excellence is one of 14 awards The Sun earned in the 2016 Florida Press Association Better Weekly Newspaper Contest at the FPA annual convention at the Ritz-Carlton Hotel in Naples on Aug. 11. The awards and judges’ comments are:

First place

General Excellence, Staff

“There is a lot to like about this newspaper. The front page design is unusual but very inviting. The paper is chock full of everything – solid, comprehensive coverage of the community, including arts and sports. Love the info graphics and treatment of the editorial page. Paper is well designed – fun and engaging treatment of every page – and loaded with ads. I would subscribe to this paper in a heartbeat. Nice work.”

Original Local Editorial Cartoon, Steve Borggren, “No app for that”

“Steve Borggren has a talent for finding irony and wry humor in news events and everyday life. Especially liked his cartoon about a parent telling her kids to get out in the yard to hunt for Easter eggs rather than look for an ‘app for that’ on their phones.”

POLITICAL CARTOON 3-23-2016

Second place

Best Headline, Pat Copeland, “Commission pooh-poohs peeing in public.”

“Playful alliteration helped draw readers into what might have been just another story about a city commission meeting.”

Commission pooh poohs peeing in public

Breaking News Story, Joe Hendricks, “Webb challenges voter’s eligibility”

“Points for recognizing a story that’s not sexy but it is important – especially when the newspaper takes note of it.”

Webb challenges voters' eligibility 2

Feature Story: Non-Profile, Cindy Lane, “Legendary hammerhead immortalized”

“This is a great little story about immortalizing a local legend – Ol’ Hitler, the biggest, meanest, scariest hammerhead ever to scare people out of the water. Well done with plenty of local color. A story that people will keep talking about.”

Legendary hammerhead immortalized 042716

Third place

Local Government Reporting, Pat Copeland, “Stirring the pot”

“Well written story covering all sides of this issue – great headline – lots of compelling arguments to help the public understand.”

Stirring pot 1

Stirring pot 2

Best Headline, Mike Field, “You ain’t nothing but a houndfish.”

“Fun headline. Elvis would approve!”

You ain't nothing but a houndfish

Overall Graphic Design, Ricardo Fonseca and Mike Field

“Less flashy, but a nice, solid design, with very well-designed graphic elements.”

042016 front page

Humorous Column, Cindy Lane, “Eat more octopus”

This entry was cute and funny, but also informative and entertaining. Good writing – nice work.”

Community History, Cindy Lane, “Tourism slogans, logos evolving”

“Loved the topic, and it was presented in a very stylish way.”

Tourism slogans, logos evolving 030916

Outdoor and Recreation, Cindy Lane, “Saving seashells on the seashore”

“Picking up shells on the beach is probably one of the most popular seaside recreations there is. But this story went well into the science and conservation of shelling. A story you should read before you reach for that sand dollar.”

Coast Lines Saving seashells on the seashore 030216

Editorial Award, Cindy Lane, “Respect the wildlife”

“It’s refreshing to see the newspaper use its power to remind the locals of their responsibilities to help protect the environment.”

Respect the wildlife 071316 (1)

 

Respect the wildlife 071316 (2)

Sports Photo, Monica Simpson, “Two little wrestlers”

“With apologies to the many other great entries in the category – beware of photos with cute kids – this one stole the show.”

Two little wrestlers

Portfolio Photography, Tom Vaught

“Loved the shot of Elvis in the water on New Year’s Day for the annual ‘Shamrock Shiver.’ And a dramatic news photo of workers trying to cap a water leak in Anna Maria.”

Shamrock Shiver

Turtle bench

Turtle Watch at loggerheads with city on benches

Written by Cindy Lane on . Posted in Awards, Awards 2019, Outdoors, Sea turtles, Special Sections, Third Place.

HOLMES BEACH – After the fireworks on July 4, beachgoers saw a loggerhead sea turtle come ashore, collide with a bench on the beach north of 66th Street and struggle to nest under it, said Suzi Fox, director of Anna Maria Island Turtle Watch and Shorebird Monitoring.

Turtle Watch staked and roped off the nest, including the bench, but city workers later removed the tape, moved the bench and re-staked the nest without notifying Turtle Watch, she said.

Third Place
Headline Writing
2019

“I question whether they are putting the stakes back inside the nest,” possibly damaging the eggs, she said, adding that the state permit that allows Turtle Watch to stake off nests does not extend to the city of Holmes Beach.

It’s the second case this year of a turtle nesting under a bench; two other turtles abandoned their nesting efforts – called false crawls – after colliding with benches, Fox said. Over the past two years, seven turtles have collided with benches and four have stopped short of nesting due to benches, she said.

In one case, someone went into an area staked off as a federally protected sea turtle nesting area and moved a bench further seaward, making it more likely to be an obstruction to nesting turtles, she said, suggesting the benches could be tied down to keep people from moving them closer to the water.

Fox said that over two years, she has contacted city officials including the mayor, police chief, public works director and code enforcement officer about the recurring problem, and has appeared before the city commission asking for the benches to be relocated to the city’s pocket parks or moved farther off the beach.

“We have removed a number of benches from the beach out of harm’s way,” Mayor Bob Johnson said, calling further relocations “unnecessary for the one or two (turtles) that may wind up under a bench.”

“Their own ordinance does not allow furniture on the beach during nesting season,” Fox said.

Benches are not the same as beach furniture, Johnson said.

“Can you prevent everything? Absolutely not. But we’ve done everything we can to accommodate memorial benches,” he said. “We’ve relocated them to keep them in the general vicinity. Those that are there, we monitor what’s going on there.”

Regarding city workers staking off the nest, he said, “Our people know what they’re doing.”

Adding to Turtle Watch concerns are the new memorial benches being added to the approximately 50 benches on the beach, Fox said, suggesting that perhaps a few benches could have several memorial plaques each, minimizing the number of benches.

Anna Maria and Bradenton Beach also have benches, but not nearly as many, and turtles are not colliding with benches there, she said.

“These collisions with benches have all happened in Holmes Beaches and are in violation of the city’s sea turtle ordinance,” she said. “I think if the donors knew the harm that they are bringing to the nesting mothers, they would be horrified.”

“The good news is, the turtle laid the nest,” Johnson said. “We’ve got more nests than we’ve ever had.”

Sunshine Depositions

Sunshine lawsuit depositions continue

Written by Joe Hendricks on . Posted in First Place, Special Sections.

BRADENTON BEACH – Former Planning and Zoning Board member Patty Shay is now the third Sunshine lawsuit defendant deposed by attorney Robert Watrous.

Shay was deposed Tuesday, June 5, at a court reporting office in Bradenton.

First Place
First Amendment Defense
Jon A. Roosenraad Award
2019
Shay Deposition
Lawsuit defendant Patty Shay was deposed by attorney Robert Watrous on June 5. – Joe Hendricks | Sun

Assisted by paralegal Michael Barfield, Watrous represents the city of Bradenton Beach and resident Jack Clarke as co-plaintiffs in a lawsuit filed last August. The lawsuit alleges four planning board members and two Scenic WAVES Committee members violated the Florida Sunshine Law by discussing past and potential board and committee business at Concerned Neighbors of Bradenton Beach (CNOBB) meetings and in private emails.

Watrous referenced the Sunshine Law training required of all Bradenton Beach commission, committee and board members. He asked Shay if she referred to that training regarding CNOBB discussion topics. She said she did not.

Watrous reviewed in detail the April 12 and April 19 Planning and Zoning Board meetings that included the board’s review of an updated Community Redevelopment Agency (CRA) plan that referenced the possibility of a CRA-funded parking garage.

Watrous used meeting transcripts, agendas and other documents to establish that Shay participated in discussions about a parking garage in her official capacity as a board member.

“If a parking garage was to be built, the proposal would have to come before the P&Z, correct?” Watrous said.

“That is correct, but remember we were an advisory board. We did not make decisions,” Shay said of her planning board duties.

As part of the Sunshine Law, Florida Statute 286.011 says, “Any public officer who violates any provision of this section is guilty of a noncriminal infraction.”

The definition of a public officer in Florida Statute 112.313 includes “any person serving on an advisory body.”

“I don’t need people seeking to coach the witness.”
Robert Watrous, Attorney

At one point, Watrous said it was brought to his attention that some in the room, including at least one co-defendant, were nodding their heads yes or no in response to his questions. Watrous and Barfield said they heard some in the room saying yes or no in response to Watrous’ questions. Watrous said he would bring these concerns to the judge if the behavior continued.

“I don’t need people seeking to coach the witness,” he said.

“I am under oath and no one has done anything to suggest that I answer in a certain way,” Shay said.

Vincent email

Watrous produced a copy of a June 14 email co-defendant Bill Vincent sent Shay, Reed Mapes and John Metz when they were all planning board members. The email pertained to CNOBB’s upcoming inaugural meeting. It was obtained from Shay in response to a records request Barfield made.

Watrous noted Vincent, Metz and Mapes did not include that email in their records request responses.

“I would not know why they would not have done that,” Shay said.

Vincent’s email said, “There is no intent whatsoever to violate Sunshine Laws. In my opening comments it will be made clear that no discussion or conversation on the comp plan, LDC (land development code) or charter or pending issues will be permitted.”

During a July 25 CNOBB meeting that was recorded and posted at the group’s website, then-planning board member Mapes proposed a citywide prohibition on parking garages. The recording is referenced in the lawsuit complaint that seeks a judge’s ruling on whether Sunshine violations occurred.

“When issues discussed in the April 12 and April 19 P&Z meetings did start being discussed at a CNOBB meeting, didn’t that alert you to the fact that you should say something or do something because this was a Sunshine Law violation?” he said.

“I did not consider it a violation of Sunshine Law,” Shay said.

“No budget, no date and the fact that it was not in agreement with the comprehensive plan. I didn’t see it as something that would be in the foreseeable future,” Shay said regarding the potential construction of a parking garage.

Shay’s statement about parking garages not being in agreement with the comp plan is contrasted by current comp plan language that allows parking garages in some land use categories.

Last month, the Planning and Zoning Board reviewed two City Commission-requested ordinances that would amend the comp plan and the LDC and prohibit parking garages citywide.

Deposition Reed Mapes

Mapes and Martin deposed in Sunshine lawsuit

Written by Joe Hendricks on . Posted in First Place, Special Sections.

BRADENTON BEACH – Sunshine Law lawsuit defendants Reed Mapes and Tjet Martin have been deposed by attorney Robert Watrous.

Defendant Patty Shay is scheduled for deposition this week. Defendants Bill and Rose Vincent were scheduled for depositions on Monday, June 4, but they were postponed in part due to Bill Vincent being legally blind and requiring special equipment and computer software to assist him when reading evidentiary exhibits presented to him. Defendant John Metz’s May 23 deposition was previously postponed.

First Place
First Amendment Defense
Jon A. Roosenraad Award
2019

Watrous deposed Mapes on Wednesday, May 30, and Martin on Friday, June 1. They were given under oath with a court reporter transcribing what was said. The depositions took place at the Vincent M. Lucente & Associates office in Bradenton.

Watrous represents the city of Bradenton Beach and co-plaintiff Jack Clarke in the civil lawsuit filed against the defendants in August. Paralegal Michael Barfield is assisting Watrous.

Mapes was represented by attorney Jim Dye and Metz brought attorney Tom Shults, even though he wasn’t being deposed. Martin represented herself, but Dye and another Metz attorney, Jodi Ruberg, provided occasional assistance.

All six defendants attended Mapes’s deposition and all but Shay attended Martin’s deposition. Martin’s significant other, Bill Shearon, attended both depositions. Clarke attended the morning sessions of both depositions.

The defendants are accused of violating the Florida Sunshine Law by discussing city matters that could have foreseeably come before them in their official capacities as city advisory board members. The alleged violations pertain to Concerned Neighbors of Bradenton Beach (CNOBB) meetings and email exchanges between members who at the time served together on the Planning and Zoning Board or the Scenic WAVES Committee.

Some of those discussions and email exchanges referenced parking garage prohibitions, the Community Redevelopment Agency (CRA) plan, the comprehensive plan and future land use maps.

The six defendants helped form CNOBB while serving as appointed city board members. They resigned from their city positions last summer and CNOBB was disbanded last fall.

Mapes deposition

When Mapes’ deposition began, Shults and Dye objected to the presence of two newspaper reporters but didn’t demand their removal.

Mapes served on the Planning Board for about a year and he acknowledged receiving mandatory Sunshine Law training that included attendance at a seminar conducted by County Attorney Mickey Palmer.

Watrous posed several questions regarding communications between planning board members and the overlap between CRA and planning board matters.

He also asked several questions about CNOBB’s formation and intent. Mapes said the intent was to educate citizens on city issues. CNOBB pursued three charter amendment initiatives and later registered as a political action committee.

During a July 25 CNOBB meeting, Mapes suggested a charter amendment that prohibited parking garages citywide. A recording of that meeting was played during his deposition.

Watrous referenced a June 12 email Mapes sent to Bill Vincent regarding Metz’s concerns about Sunshine Law compliance and a June 13 email Mapes sent to Vincent about the creation of a CNOBB website that could be public, semi-public or private.

“Here again is the issue of Sunshine violations,” Mapes wrote in that email.

When asked if he discussed Sunshine Law concerns with Metz in person, Mapes said he presumed he did, but couldn’t recall.

Watrous noted that Vincent received an opinion from the Florida Commission on Ethics that advised CNOBB to consult an attorney if they had concerns about their meetings being Sunshine Law compliant.

Watrous cited email exchanges Mapes had with his attorney Bob Hendrickson about CNOBB matters and asked if he ever sought Hendrickson’s advice on Sunshine compliance. Mapes said he did not.

“I pushed for the parking garage. It might have been on my street and I didn’t want a parking garage,” Mapes said, noting the parking garage prohibition was not pursued by CNOBB.

“Our first meeting, which was back in June, we discussed dropping it. I kept bringing it up,” Mapes said regarding parking garages.

He said he did not feel the parking garage discussions violated the Sunshine Law.

“Why not make the effort and be more certain?” Watrous asked.

“Sometimes we decide what we want, the way we want it,” Mapes said.

“Did it occur to you what CNOBB was doing was negotiating in back room deals?” Watrous said at one point.

“Not at all,” Mapes responded.

Martin deposition

Martin formerly chaired the Scenic WAVES Committee that advises the City Commission and CRA on landscaping and beautification projects. Several questions pertained to projects discussed and/or pursued by the CRA, the Capital Improvement Projects (CIP) Committee or the City Commission.

These included the Bridge Street planters and plants, benches, park signs, trolley stops, Chickee huts and more. Watrous noted all these items had been or could foreseeably need to be reviewed by Scenic WAVES.

Martin said she did not feel the CNOBB discussions violated the Sunshine Law and she acknowledged participation in several Sunshine Law training sessions.

Near the end of her deposition, Martin was asked if she discussed the Sunshine lawsuit with Metz, a former attorney. Martin claimed she didn’t have to answer that question and Watrous told her she did.

She said she would “rant” to Metz, but he didn’t say much in response that she could recall.

“Normally, he sat and listened to me,” she said.

Martin said her lawsuit conversations with Bill Vincent were of a more technical nature pertaining to emails requested from her as part of the lawsuit.

When Watrous asked Martin if she discussed the lawsuit with anybody, Martin said, “Mr. Shearon.”

“And what have you two discussed?” Watrous asked.

Martin tried to hold back her tears as she said, “Just my disappointment with the city. My disappointment in how they treated us.”

Through her tears she said she dedicated a lot of her time to the city and then she got up and left the conference room. She returned a short time later and answered the few remaining questions Watrous had.

Sunshine Press Conference

Press conference sheds light on Sunshine lawsuit

Written by Joe Hendricks on . Posted in Featured, First Place, Special Sections.

BRADENTON BEACH – Paralegal Michael Barfield says Sunshine Law violations that former city board members are accused of committing were not innocent mistakes made by uninformed volunteers.

He also accused the now-defunct Concerned Neighbors of Bradenton Beach (CNOBB) group of operating as a “shadow government.”

Accompanied by Mayor John Chappie and City Attorney Ricinda Perry, Barfield held a press conference that directly preceded the City Commission’s Thursday, May 17 meeting. Barfield, a Sunshine law expert from Sarasota, is assisting attorneys Robert Watrous and Perry in the case.

First Place
First Amendment Defense
Jon A. Roosenraad Award
2019

“Anything less than government in the sunshine is just not acceptable and that’s why we’re here today,” Chappie said.

“We don’t view these violations as an accident or technical. They were serious, substantive violations,” Barfield said.

He later noted past Sunshine violations cost Venice taxpayers $1.6 million and recent violations cost Martin County taxpayers more than $12 million.

Enacted in 1995, the Florida Sunshine Law requires local governments and advisory boards to conduct business in properly noticed public meetings, with all related documents and correspondence made available to the public.

The lawsuit filed last August by the city and resident Jack Clarke names as defendants former Planning and Zoning Board members John Metz, Reed Mapes, Patty Shay and Bill Vincent and former Scenic WAVES Committee members Tjet Martin and Rose Vincent. The lawsuit alleges they violated the Sunshine Law by discussing past and potential board and committee business during CNOBB meetings and in private emails.

Lawsuit update

While providing an update on the lawsuit, Barfield referenced “the efforts the city has undertaken to bring transparency and sunshine to the acts of the few who have attempted to hijack city government.”

“Last year, several members of advisory boards planned the creation of a shadow form of government called CNOBB under the guise of an association. Much of the business they were doing mirrored what you would expect your local government to be doing, including discussions about parking garages and the Community Redevelopment Agency.

“The reason the Sunshine Law exists is to ensure transparency and the avoidance of backroom deals. Our goal was to find out what happened, bring awareness to the public of those violations, cure them and send a clear message that no one is above the law,” Barfield said.

“In our view, Mr. Metz is clearly the ringleader of this group. He’s a retired, wealthy attorney from California and he’s sued the city multiple times over the past few years. He is yet to prevail in any legal action against the city. The only thing Mr. Metz has done successful is deplete the treasury. By our calculations, Mr. Metz has cost the citizens of Bradenton Beach more than $150,000 through his legal actions against the city,” Barfield said.

The Sunshine suit has cost the city more than $56,000 so far. If the city prevails, the court will be asked to order the defendants to reimburse a portion of the city’s legal expenses.

Questionable intent?

“An email John Metz wrote on June 24 best summarizes the intent of these folks to operate in the shadows to change the form of government,” Barfield said. “In that email, Mr. Metz noted, ‘Changing the form of government would be better, but that will take too much time.’ Mr. Metz advocated for granting strong powers to the former mayor (Bill Shearon) and said that would ‘allow us to get rid of the lawyer (Perry) and then change the form of government.’

“There’s also an email exchange on July 21 between Reed Mapes and Tjet Martin that illustrates the intent of these individuals: ‘You are evil. It will be fun to see the panic when some begin to read what we’ve planned,’ ” Barfield said, quoting Mapes’ email to Martin.

The emails referenced CNOBB’s efforts to place three charter amendment questions on the November 2017 ballot. According to the Sunshine Law, discussing the city’s form of government is not a Sunshine violation, because that’s not something advisory boards would review. Discussions and emails about parking garages and the CRA constitute the alleged Sunshine violations.

“Other email exchanges we’ve discovered show that this is not a case where volunteer citizens stumbled upon a Sunshine violation innocently,” Barfield said.

He noted all the defendants previously received mandatory Sunshine Law training.

Sunshine Defendant Reed Mapes
Sunshine lawsuit defendant Reed Mapes listens in on Thursday’s press conference. – Joe Hendricks | Sun

Barfield referenced a June 12 email Mapes sent to Vincent regarding Metz’s concerns about Sunshine issues. He also referenced a July letter Vincent sent to the Florida Commission on Ethics asking if CNOBB was subject to Sunshine Law compliance.

“The Ethics Commission wrote back and said you need to consult with an attorney. They also called upon the Attorney General’s Office in Tallahassee and were told to check with their city attorney. Did they do that? No,” Barfield said.

“Mr. Metz seeks to have the Sunshine Law removed from the books to justify, after the fact, his conduct,” Barfield said of the motion Metz’s attorney filed challenging the state law’s constitutionality.

He also referenced the recent hearing in which Circuit Court Judge Lon Arend ruled against the defense’s requests to sequester witnesses and deposition transcripts. Defendant depositions begin May 23 and the city seeks a trial in late summer or early fall.

After the press conference, Barfield made a similar presentation to city commissioners.

Related coverage

Sunshine press conference reactions differ

Judge denies witness sequestration in Sunshine suit

Metz defense challenges Sunshine Law

Sunshine lawsuit filed

WMFR logo

Firefighters recognized for outstanding service

Written by Joe Hendricks on . Posted in Community News, Featured, Manatee County.

BRADENTON – Jeff Philips is the West Manatee Fire Rescue’s Firefighter of the Year, Richard Losek is Officer of the Year and William “Buddy” Bowen is the recipient of the Meritorious Service Award.

Fire Chief Tom Sousa handed out these special awards and other service awards on Tuesday, Jan. 16, at the fire district’s administrative offices in Bradenton.

“We recognize a firefighter and an officer of the year for the exceptional work they do. It’s not just what they’ve done in the last year, it’s generally cumulative. Year-in, year-out, these guys bring something to the organization,” Sousa said.

All three special award winners were selected by their peers.

Firefighter of the year

First Class Firefighter Philips has been with the district since 2004.

“Jeff’s not really a boat guy, but we moved him out to station 3 (in Holmes Beach) and said, ‘Now you’re going to be a boat guy.’ He tackled that challenge. He also works at the fire school at Manatee Technical College doing a lot of training. The guys felt he stepped up this year. He’s very deserving of the award,” Sousa said.

“I had no clue. This is a nice surprise,” Philips said afterwards.

Officer of the Year

“I have never in the fire service met someone as passionate about their agency and as loyal and as dedicated,” Sousa said of Losek.

“He works really hard to move this district forward every single day. He’s always looking out for the best interests of the people he supervises. He’s an excellent fire scene commander. We have a saying: “Everybody goes home,” and that’s what he lives by – to make sure everybody’s healthy and safe when they get done with their 24 hours of duty,” Sousa said.

Losek also was recognized for 30 years of service. He began in 1987 as a volunteer firefighter with the Anna Maria Fire Control District and was part of the 2000 merger that created the West Manatee Fire and Rescue District. He works out of the administrative office and visits all three fire stations when making his daily rounds. The district has two fire stations in west Bradenton and one in Holmes Beach.

“It’s an honor for your peers to pick you. You give your heart and soul to the job for 30 years. It really isn’t a job when you love coming to work every day. I’ve been blessed,” Losek said.

Meritorious service

Sousa said the Meritorious Service Award is not given annually, but only when there’s a reason to recognize someone’s exceptional work. Sousa said Bowen spends much of his own time working with the firefighters, serving as their union representative and as their advocate for health and safety issues.

“He’s really stepped up to the plate these last couple years. He gives the guys a voice when they have concerns,” Sousa said.

He credited Bowen for the good working relationship that exists between labor and management.

“He’s looking out for the best interests of the district. He’s not just looking out for ‘I’ and ‘us,’ ” Sousa said.

“I’m completely caught off guard. I’m very honored,” Bowen said.

Service awards

Administrative Assistants Julie Kichar and Chris O’Kelly, who was not present, were recognized for 20 years of service

Kichar started with the Anna Maria Fire Control District and was also part of the merger. She served 17 years as the district’s financial assistant.

“When I became fire chief, she was promoted to administrative assistant. My success is attributable primarily to Julie being here. She actually runs the place,” Sousa said.

Robert Haygood was promoted to First Class Firefighter. His wife, Jessica, unpinned his badge and his mom, Cheryl Haygood, pinned his new badge to his uniform.

Zac Benshoff and Derek Bill were recognized for five years of service.

Frank Agresta, Alex Flores and Andrew Powers were promoted to Third Class Firefighters and Branden Baserva, Danielle Burton, Matthew Frey, Richard Johnson, Clayton Lease, Sean Morrisey and Benjamin Stasurek were recognized for one year of service as reserve firefighters.

Financial assistant Ana Reyes was recognized for one full year of service.

Jeff Philips receives the Firefighter of the Year award from Chief Tom Sousa. - Joe Hendricks | Sun

Jeff Philips receives the Firefighter of the Year award from Chief Tom Sousa. - Joe Hendricks | Sun

Administrative Assistant Julie Kichar was recognized by Chief Tom Sousa for 20 years of service. Joe Hendricks | Sun

Administrative Assistant Julie Kichar was recognized by Chief Tom Sousa for 20 years of service. Joe Hendricks | Sun

Richard Losek receives the Officer of the Year award from Chief Tom Sousa. Joe Hendricks | Sun

Richard Losek receives the Officer of the Year award from Chief Tom Sousa. Joe Hendricks | Sun

Buddy Bowen receives the Meritorious Award from Chief Tom Sousa. Joe Hendricks | Sun

Buddy Bowen receives the Meritorious Award from Chief Tom Sousa. Joe Hendricks | Sun

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Sun earns 17 awards

Written by Sun staff on . Posted in Awards.

The Anna Maria Island Sun has earned 17 awards in the Florida Press Club’s 66th Excellence in Journalism Competition, including five first place trophies for opinion writing, breaking news photography, feature photography, sports photography and cartooning.

Florida Press Club

The awards, presented at Hotel Indigo in Sarasota on Saturday, Nov. 4 are:

Opinion Writing

Mike Field, 1st place, The ‘Big M’

Mike Field, 3rd place, The mayors have it right

Breaking News Photography

Tom Vaught, 1st place, Soggy Monday Blues

Mike Field, 2nd place, Red tide continues to plague AMI

Tom Vaught, 3rd place, First day of school

Feature Photography

Maggie Field, 1st place, Silver Sunset

Maggie Field, 2nd place, Meltdown

Joe Sambito, 3rd place, Holiday Moon

Sports Action Photography

Monica Simpson, 1st place, Redemption

Cartooning

Steve Borggren, 1st place, Beautiful sunrise

Steve Borggren, 2nd place, Brick road

Steve Borggren, 3rd place, Ghost tour

Special Awards – That is so… Florida

Cindy Lane, 2nd place, Eat more octopus

 

Government News Writing

Kristin Swain, 2nd place, Turn back time

Headline Writing

Mike Field, 2nd place, Houndfish

Pat Copeland, 3rd place, Pooh-pooh

 

Front Page Design

Ricardo Fonseca, 3rd place, Rays

Sun website a finalist in international awards

Written by Cindy Lane on . Posted in Archives.

The Anna Maria Island Sun website is a finalist in the 2017 EPPY Awards, presented by Editor & Publisher, the journalism industry’s trade publication.

The Sun’s website, amisun.com, is one of three finalists in website redesign with less than 1 million unique monthly visitors. The website launched on Aug. 21.

Sun web logo

The EPPY Awards honor the best media-affiliated websites in the world. The 22-year-old awards attracted more than 300 entries competing in 30 diverse categories.

Go ahead, look into The Sun

A new venue emerges

Written by Sun staff on . Posted in Editorial, Opinion.

These have been exciting times for those of us here at The Sun newspaper.

We had a once-in-a-lifetime total solar eclipse Monday afternoon – though only three-quarters on the Island – that not only mesmerized our staff but also captured the imagination of an entire nation.

Add in the accolades from the Florida Press Association, in which The Sun was named the state’s best weekly newspaper in its class, and we have a week that will be remembered for years to come.

But it actually was Sunday night’s events that have us fired up about life here at The Sun.

After nearly a year of planning, testing, constructing and revising, our new website was launched at midnight, bringing this newspaper into the digital age in dramatic and compelling fashion.

Our web address is the same at www.amisun.com. But visitors to the improved site will find a more robust offering, complete with community news, entertainment, business, outdoors, sports and opinion, plus live radar and traffic on mobile as well as tablet and desktop.

Also available will be The Sun’s e-edition, which is an online version of our print product, including all the ads.

Browsing our past issues has never been easier, as the archives are searchable in several different ways. A new and improved version of the popular Sun Survey also is there, as is an ever-expanding library of videos and the capacity to place your classified ads online.

And for those who prefer reading the award-winning print version of The Sun, never fear; we remain dedicated to maintaining the quality and journalistic integrity that earned us our inclusion among the best newspapers in Florida.

Exciting times, with more to come.