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Kumbaya, James Madison and Interested Men...It Matters

There are particular moments in public affairs when the people stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament.
                                         -James Madison, The Federalist No. 63



After the thunder and lightning of this city’s politics throughout much of 2010, that whiff of kumbaya-scented incense floating down Pine Avenue of late is, to many, a relief. Mayor Selby has held to pre-election promises of bridge building and consensus seeking, to the snickering delight of some, the quiet chagrin of others and the reluctanct self-loathing acquiescence of the Fourth Estate. But, hey, he’s got the sides talking like he said he’d do and that is worthy of a sincere pat on the back.

Holiday gatherings and the spirit of the season have imbued a sense of camaraderie, real or imagined, among the elected, the electors and, inevitably, those who seek to manipulate both. And a week from today, the P&Z Board will be back at it, discussing yet another new parking ordinance on Pine Avenue and the manipulators will be front and center. In this context, “manipulator” is not necessarily a derogatory term. We all manipulate others in our lives in some form or another by negotiating, controlling or influencing to our advantage (Come on, admit it. Who went out to get the paper when it was 35° this morning and how was that decision made? Hmm?). The point is this: yes, it’s been relatively peaceful since the election and that’s a good thing but the elephant, Pine Avenue parking, is still in the room. And so are those “interested men.”

But a funny thing happened on the way here.

COAM COMP PLAN REVISION

The Comprehensive Plan of the City of Anna Maria (COAM) is under a Future Land Use Plan that is environmentally based--Conservation FLUC—and which covers the coastal ecosystems along the three water sides of Anna Maria. The Conservation FLUP allows no development. The COAM wants to make specific changes to the Conservation FLUP and several policies which would allow development on a case-by-case basis at the discretion of Property owners and city administrators. The prime motivation for this action is to protect the COAM from property rights lawsuits.

There are a number of violations of Florida Law in their proposed amendments but the most disturbing fact is that the Conservation FLUP is the only element that provides environmental protection for the city. If the currently proposed amendments are passed, it might have the unintended consequence of opening the west coast of Anna Maria to development. The COAM is attempting to change the Comprehensive Plan to comply with zoning but Florida Law requires zoning to comply with the COMP plan.

Text amendments to COMP Plans should be based on changes in conditions, mistakes, state requirements/amendments to 9J-5, to describe a new FLUP, add a new plan element, or generally to clearly direct the local unit of government towards goals and objectives that preserve and protect environmental resources while guiding growth for economic purposes. The COAM may argue that the proposed text amendment is an attempt to fix a mistake, but based on the adopted EAR , and the environmental evidence on land surrounding the coastal perimeter in the form of sensitive flora, fauna and protected coastal landforms it appears that the original language is in the public interest, and there was never a mistake. The city did not provide any studies or evidence to support the change.

The city could address the problem of inconsistency between the zoning regulations and the COMP Plan by amending the zoning regulations to make them consistent. The current plan protects the city’s environmental resources. Florida Law requires zoning and Land Development codes to be consistent with the Comprehensive Plan.

If anyone wants to make comments to the DCA regarding this process, they can make comments to Mr. Ray Eubanks (ray.eubanks@dca.state.fl.us) or to Mr. Chris Wiglesworth (chris.wiglesworth@dca.state.fl.us) at the DCA and mention Case # -- Anna Maria 11-1.

If anyone is interested in a more comprehensive look at the proposed changes, contact me by email and I’ll forward the document to you. (rofriday@wisc.edu)

Anna Maria COMP Plan Revision

On Dec. 9th the City of Anna Maria sent a proposed revision of its COMP plan to the DCA (Dept. of Community Affairs). A major change is to remove the wording "Preservation-no development allowed". This is an attempt to avoid a lawsuit from a property owner that wants to develop beachfront lands that are zoned "Preservation". It might have unintended consequences for development along the west coast of Anna Maria. Next week I will post additional information about this process. The DCA case number is "Anna Maria 11-1".

Carolyne Norwood's "Tales of Three Cities"

We just wrapped up reading island local Carolyne Norwood’s newest book, her second, about the history of Anna Maria Island. One thing is for sure, this island has never had a shortage of characters, large personalities and stories to go with them. Norwood’s “Tales of Three Cities” brings many of them to life with 284 pages of anecdotes and pictures. It was such a blast to read we are starting it again.

The book is also available at the Anna Maria Island Historical Society, 402 Pine Avenue, or by visiting their website at http://www.amihs.org/. You can also contact Carolyne at carolynenorwood@tampabay.rr.com or phone (941)778-1514 to get your copies signed or personalized for your intended recipients. The book retails for $20 and all sales benefit the Historical Society.

What a great holiday gift idea for AMI friends and family.

Just Breathe

By Bill Yanger

The back fender clangs staccato as the salty beach cruiser bounces off the pavement and onto the sandy path that leads to my church. A seagrape leaf, red veined, round and waxy, hangs just close enough to slap my shoulder and two plump breasted dove take to startled flight, wings whistling in reproach of the sudden intrusion and harmonizing with the melodic hum of a late day sea breeze through the brittle limbs and needles of Australian pines tilting, always, to the lee.

Scattered orphan pine needles provide traction over the shifty sand as the path bends first to the left around a scarred and sagging sable palm and then back to the right toward my sanctuary. I jump off just as the tires bog. I lay the bike behind a dune sprouting tufts of sea-oat grasses and look out over the brigades of kindred dunes marching in either direction while morning glories pop with purple panache along their jade-green railroad vines snaking between.

I squint at the path funneling out onto a blinding whiteness, like a giant sugar bowl has tipped and spilled its contents in front of me, broken only by a cresting high tide depositing a ragged line of Sargasso clumps and sea cockles before disappearing into an emerald infinity called the Gulf of Mexico. The air sniffs briny and young, as if newly conceived, then freed to flutter and soar.

Once Bitten, Twice Shy

By Bill Yanger


They’re back. Here's another in a continuing series of imagined conversations over coffee at the Rod & Reel Pier. Any resemblance to persons or personalities, real or imagined, is entirely coincidental and mostly unintended.


Good morning.

Hey! Nice…uh…coat.

Like it?

Yeah, some climber just called from Mt. Everest, he wants it back.

What can I say, it got cold, like overnight, and the thing’s toasty.

Dude, you’re wearing khaki shorts and flip flops.

It’s not that cold, come on.

Right. So anyway, why the bandage on your hand?

Nothin.

Nothing? Sure looks like something to me, all wrapped up professional like. Cut yourself carving the Thanksgiving turkey?

Nope.

Open a knuckle changing spark plugs in that thing you call a boat?

Nah, she’s runnin’ sweet as ever.

What then?

Ain’t a big deal. Just learned a tough lesson, that’s all.

Looks like a painful lesson. It still hurt?

A little sore yeah but I’ll get over it. Just won’t do that again. Ever.

What again?

Kind of a long story.

You got a steaming cup a coffee and here come my scrambled eggs as we speak. Plenty of time. Talk to me.

You’re sure a nosy S-O-B.

Damn right. And you’re stubborn. Just tell me the story before I stick this fork in that wound of yours.

Flattery Will Get You Nowhere

We’ve all heard the well-worn phrase “imitation is the sincerest form of flattery.” Perhaps it’s true. But not all who are imitated are flattered and emulation does not equate to assent and affiliation. Free speech is a glorious concept and we will be the first in line to defend the right of expression, whether inspirational or confrontational. Or, frankly, even foolish.

So we acknowledge the recent proliferation of new blogs to the fray. Just don’t associate the views of the imitators with those of the imitated.

This blog and this writer have taken a break since the election, a necessary breather after the fractious clamor of a chaotic summer in our little Eden. But we have not gone away. We will continue to bring you food for thought, some sweet, some savory, with perhaps a necessary sprinkle of bitter here and there. You may chuckle, you may fume but we hope you are provoked to think. Regardless, our words will continue to be sincere, well-intended and factual.

And they will only be found here.

Stay informed.

Bill Yanger

Important P&Z/City Commission Meeting November 30, 6:00 p.m.

There will be a joint meeting of the City Commission and the Planning & Zoning Board to discuss, once again, the Pine Avenue parking situation, and how the existing regulations may or may not be changed. As you may recall, after much deliberation, this was made a non-issue some time ago, but it's back. The commissioners and members of the P&Z need to hear from Anna Marians and how you feel about changing (or not) existing code.

For the complete history of the issue, enter "90" in the search box to the right. You will be directed to numerous posts on the subject, dating back to October 2009.

Try Doing Anything 50,000 Times

While we all soaked in post-election realities, along about 10pm this evening this little blog ticked past its 50,000th reader since January. Try doing anything 50,000 times.

We hope the thoughtful will keep reading and the curious will keep clicking in to stay informed. From places like West Sussex in England (nearly everyday; thanks LT!), Ontario, Canada and Malaysia and Romania and Nepal and ... and 38 other countries around the world and just about every State in the union, you logged on to stay informed.

The haters will continue to hate, of course, but they will click in to do so and we thank them for that, as well. We ask thoughtful readers for continued feedback and criticism...we take it seriously. You can contact us at ourannamaria@tampabay.rr.com

All the best to the best.

Unrewarded Mediocrity

In her never ending quest to navigate the Islander into the oblivion of mediocrity, Bonner Joy must be thrilled with her paper's showing at the most recent Florida Press Association Awards October 14, 2010 where she was able to convince her industry peers to acknowledge the Islander's excellence with exactly...uh...zero awards. Yep, zero, nilch, nada. Go figure.

By the way, her local competitor The Sun received 9 awards. Congrats to them.

Stay informed.

Congratulations Mike Selby!

It's official: Mike Selby is Anna Maria's new mayor.

509 votes to 426.

The Choice is Clear When Considering What It Takes to be Mayor

I’d like a few moments of your time to address the mayoral race here in the City of Anna Maria, and what I think, in my past experiences, is needed at this time.

As a former three-term commissioner, I served concurrently with two mayors, Sue Lynn and Fran Barford. Both administered our city with very different styles. It’s not important to elaborate on the differences, but I can say with all certainty, there’s a right way and a not so effective way to run our city.

Some will say that since the mayor doesn’t have a vote, there’s really not much to be concerned about from the standpoint of policy or experience. Nothing could be farther from the truth. Administratively, our city is in as good a shape as it has ever been. It is undeniable that to keep it that way and make needed on-going improvements requires seasoned skill and expertise. 

Being mayor, first and foremost, is about solid management skills. The more our mayor knows about how to manage people effectively, the better off our city will be. Your staff will work harder, they’ll accomplish more, and the city will run smoother, more efficiently.

The more our mayor knows about how to deal with often-difficult conflicts, especially as the “face” of the city, the better life will be for everyone.

And the more experience our mayor has managing multi-million-dollar budgets, the lower your taxes will be.

It is my considered opinion that one candidate for mayor simply does not have the depth of experience nor maturity in business and financial affairs to face such challenges. It is my opinion that one candidate does have what it takes to meet the challenges of being mayor to the betterment of our city. That candidate is Mike Selby, a man of unimpeachable character, solidly backed by 30 years of very successful business experience. 

I don’t see any experience in his opponent’s background that qualifies her to effectively deal with today’s challenges and multi-million-dollar finances. Nothing personal; just the facts. If I were interviewing both for the job, the choice would be very clear. 

So, putting personalities aside, please take the time to think about who you would feel comfortable with when it comes to managing the issues and the finances of your city. 

Pass The Soap Please

Having spent the better part of this past weekend speaking with voters in Anna Maria about next Tuesday’s election, it is enlightening to find so many who have arrived at decisions based upon their own thoughtful consideration of the facts and their evaluation of the candidates for mayor. Most people we spoke with obviously realize the importance of this race and seem to have put the necessary time into considering the issues, the candidates and the significance of their vote.

Of course, there were those who either could not articulate a reason or simply could not be bothered to do so. Their vote, their right, one supposes.

Others provided reasons that were simply, well, out there. For instance, one gentleman spoke of being “very impressed” with Mike Selby after reading Mike’s first mailing, the interview piece. Impressed, that is, until he saw that the post mark on the envelope was from St. Petersburg. He explained that Harry Stoltzfus’ mail also had a St. Petersburg postmark and, based solely on that evidence, he concluded that “those two are joined at the hip.”

Understand this: I’ve known this gentleman for 35 years. I respect him. He is a savvy guy and about as smart as they come so if this was the best he could do to connect Mr. Stoltzfus to Mike Selby I was not going to argue. But, to give him the benefit of the doubt I asked the postal clerk at the Anna Maria post office if Anna Maria mail is ever post marked St. Petersburg. “Of course it is,” he said, adding, “If it is bulk mail or put in the outgoing mail slot, it is bundled and sent to St. Pete for processing. It only gets an Anna Maria post mark if it is processed here at the desk.”

So much for that conspiracy theory. I hope my friend reads this and reconsiders his reasoning before he casts his vote. I am sure he would now admit that an inconsequential postmark on an envelope does not make Mike Selby’s resume any less impressive.

Why Amendment 4 is critical. Read this memo from Joe Kane

In follow up to recent Amendment 4 posts HERE and HERE, this from Joe Kane of Cortez:

"The date was 10-12-10 ( date of the Robinson Farm Land Use Change meeting )

Item #28 Robinson Farm presentation was heard from approximately 2:00PM to 5:00PM .

The BOCC vote was 4-3 to deny Robinson Farm PA 10-02.

During a break, Approx. 15 minutes later.............................

_____________________________________________________________________

Video begins at: 17:16:45 ( 5:16PM ) 10-12-10

The only persons visible in the North Lobby are:

John Neal

Edward Vogler

Betsy Menac ( MillerWilson Stantec)

at 17:17:02

Gwen Brown walks out of the BOCC Chambers directly to the center of the lobby

and is surrounded by all three - it is obvious a conversation is taking place.

at 17:20:46

Gwen Brown leaves the other three and walks back into the BOCC Chambers !

_____________________________________________________________________

At approx. 6:10 PM Gwen Brown rescinds her vote ! Robinson Farm is approved 4-3 !

________________________________________________________________________________________________________________________________

LETS MAKE A DEAL

The naked power of developers over the Manatee County commission was again exposed a few days ago when a commissioner reversed her vote,

minutes after speaking to developers seeking a tripling of density of Hawthorne Park.

Amendment 4 was given another gift when commissioner Gwen Brown changed her vote from supporting the residents in the Northwest Bradenton neighborhood,

to denying the homeowners’ request in favor of developer Pat Neal. This brazen disregard towards residents is just another example why we need Amendment 4,

giving voters the final say on all changes to their comprehensive plan.

Opponents to Hometown Democracy are using fear, the oldest trick in the books. From outlandish predictions that passage of Amendment 4 will be the end of

Western Civilization, as we know it, to ominous prophesies of further economic implosion and voters being overwhelmed with voting on hundred of proposed changes.

Not so. In Manatee County there is a yearly average of nine changes to the comprehensive plans.

Even a college government professor, who is also a state representative seeking reelection is playing fast and loose with the facts, claiming there would have to be expensive

special elections to determine comprehensive plan changes. Sorry professor, that aint true, for proposed comprehensive plan changes would be voted on at the next scheduled election.

When you’re desperate though, you don’t let facts get in your way, and developers are sweating bullets, knowing their control over Florida government may be upturned by voters,

demanding their final say on all changes to their comprehensive plan. Vote yes on Amendment 4, November 2."

Remember What The Islander Said The Last Time This Happened...

As we approach the last week of the Anna Maria mayoral campaign, allow let us to remind you of what Bonner Joy's Islander warned us about a few years ago concerning close family ties and your local government:

"We don’t look forward to…a husband-wife team co-legislating their agenda as mayor-commissioner. And while the mayor doesn’t vote…the office carries veto power and more importantly, with this form of city government, the mayor freely lobbies other commission members on matters up for consideration out of the ‘sunshine’ – contrary to the intent of Florida’s open government law.”

-The Islander Bystander, March 4, 1998

Of course, the Matticks, a sitting commissioner and an aspiring mayor, bring a different dynamic, mother-daughter instead of husband-wife. But the sentiment, the principle and the concern are the same, are they not?

Of course they are, if not more so. Right Bonner?

Stay informed, and vote.

Mike Selby's Proven Leadership: Been There, Done That

As the Anna Maria mayor’s race nears its two-week final countdown, the question of “proven leadership” has popped up a few times from voters interested in the respective experiences of the candidates. That phrase “proven leadership” may mean different things to different people but we think it’s enlightening to summarize the issue with some “been there, done that” examples that starkly set candidate Mike Selby apart in this race:

• 30 years of real-life management experience both within and at the top of government and private organizations both large and small.


• 30 years of making payroll, keeping the lights on and growing his own business, one of California’s largest commercial developers, from scratch.


• 30 years of earning a living competing as an aggressive, effective and, most importantly, thoughtful commercial developer.


• 30 years of being accountable every single day for managing people, resources and policy in an effective and profitable organization.


• 30 years of give-and-take, of compromise, of effective delegation and problem solving at the helm his own organization and working cooperatively with city and county governments, large and small, on development issues.


• 30 years of being a listener not just a proclaimer, of being a decision maker not just a rubber-stamper.


• 30 years of being accountable to those he employs, those with whom he contracts and those who have depended upon him showing up every day to make sure the job gets done.


Mike Selby has “been there, done that” his entire professional life. He’s knowledgeable, dependable, successful and most importantly, he’s accountable.


Mike Selby is a “proven leader” by any definition.


Remember that when you cast your vote.


And stay informed.

Repost...All In The Family: She Think's It's A Conflict Too.

(Originally posted October 3rd but the message remains important).

The election for Anna Maria mayor is but 30 days away, one month from tomorrow, and campaigning should kick into high gear in the next few days. As pointed out by the Bradenton Herald’s Michael Bender HERE with the rise in absentee and early voting, voters are making election decisions long before election day. As a result, those key reasons why voters cast their vote for or against a particular candidate, must be addressed in advance as well. We’ll endeavor to provide our perspective on the candidates and some of the issues for you to consider in the coming weeks. Today though, let’s talk about one issue: Conflict of interest.

Does the possibility of close relatives, say father and son or mother and daughter, or even husband and wife, serving simultaneously as mayor and commissioner raise as many red flags for you as it does for us? What about sunshine law implications? Since he/she does not serve on the same governmental body, a mayor is free to independently discuss pet votes with commissioners without the straight-jacket of sunshine restrictions. Concerning? As you will see, others who are perceived by some to have influence think so and we agree with them.

Let’s break it down.

Voting Absentee?

Just a reminder, if you're voting absentee, you should have your ballots by now. Don't forget to send them in, and don't forget to affix the proper postage of $1.05.

Home Is Where His Heart Is...

With only 25 days left until the election, the candidates for mayor of Anna Maria could choose any number of relevant issues to talk about. Say, how the city spends the taxpayers’ money and the candidates' real-life experience with handling the responsibility of a $2.1 million budget. Or how about the ongoing debate regarding how commercial development can coexist with Anna Maria’s desirable tranquility and, importantly, what hard-earned development industry wisdom the candidates can offer to facilitate that coexistence.

Of course, that would require that the candidates actually have the real-life experience of being directly accountable for multi-million dollar budgets and have the wisdom one can only glean from going to work every day for decades as a de facto commercial developer. Only one candidate in this mayor’s race can make either of those claims: Mike Selby.

So faced with that reality, what is Sandy Mattick to do?

Stoltzfus Files Show Cause Response With Second District

Richard Harrison, attorney for Harry Stoltzfus, is filing a response to the Second District Court of Appeal's Order to Show Cause today.

You can read the response by clicking HERE.

If you vote 'Yes' you will turn purple and get fat!

The following is Howard Troxler's column from Sunday, 10/3/2010 St. Pete Times:


If this crazy constitutional amendment passes, it will destroy Florida.

Florida will go out of business. We will lose our jobs.

Other states will beat us.

Yep, those were the dire warnings that we heard from Florida’s business leaders … Back in 2004, when they tried to scare voters into rejecting a $1 increase in Flor ida’s minimum wage.

This year, we’re hearing the same kind of thing about Amendment 4 on the November ballot, the “Hometown Democracy” idea.

Amendment 4 simply says that local voters in Florida should have the final say over some growth decisions.

But to hear Florida’s busi ness community tell it, such an idea would be the end of the world. The state might well sink into the ocean.

Phooey. Nuts. Hockey pucks. 

Islander Gets It Wrong...Again

In our continuing quest to persuade you that should you choose to read the local weeklies at least do so with a healthy dose of skepticism and, well, don't bet your grocery money on their accuracy.

After THIS and THIS one would expect an extra effort at getting it right. But, no.

Below an ominous headline of "Deadline Looming For Stoltzfus Response" the on-line piece (under Rick Catlin's by-line) proceeds to report to you that Mr. Stoltzfus must file a response to THIS order by October 1, 2010, as in today. But the Second District Court of Appeal's September 16th order gives him 20 days to file the response. The Islander evens says so in its story.

You do the math.

So, be skeptical. And stay informed.

Can You Hear That?

By Bill Yanger

They’re back. Here's another in a continuing series of imagined conversations over coffee at the Rod & Reel Pier. Any resemblance to persons or personalities, real or imagined, is entirely coincidental and mostly unintended.


Good morning.

Hey, mornin’. Mmmmm, can you feel that?

Feel what?

That…you know, that feeling.

Can I feel a feeling? Are you on that blood thinner again?

No, man. Come on, close your eyes.

Is this a joke?

Not a joke. Just close ‘em…good. Now what do you feel?

Stupid.

Get over it. No one’s looking except that waitress but anyway she thinks you’re twisted.

She thinks I’m sexy.

Some Positive Signs for Amendment 4 But Keep Talking It Up

Poll indicates good chance for passage of Amendment 4

Statement by Lesley Blackner, president of Florida Hometown Democracy:

" Mason-Dixon polling results show that a strong 2-1 majority support Amendment 4 Hometown Democracy, which would give voters the seat at the table they deserve when it comes to making important development decisions.

"We are especially heartened by the analysis of pollster Brad Coker, who said the majority shown bodes well for our measure's passage (according to a St. Petersburg Times article) and that late-deciding voters (21 percent of the population in the poll) could put Amendment 4 over the 60 percent threshold (according to an Orlando Sentinel article).

"I must point out just how far our opponents, fueled by their millions of dollars in campaign contributions from industry and special interests (some of whom got millions in federal tax bailout dollars), have gone to skew this election and attempt to thwart the will of the voters. By ramming through a change years ago to require a 60 percent margin of victory in citizen referenda, our opponents show their total contempt for the majority of Floridians who want more control over development and want a vote on land-use plan changes that would raise their property taxes.

What Does Amendment 4 Mean to Anna Marians?

The link below is to a New York TImes story about Amendment 4, which will be on the ballot in November. 

After you read it, you'll know exactly why those responsible for Florida being paved over--developers, builders, chambers of commerce, county commissioners, and mayors of cities craving more tax revenue--are out there in force to convince you how Amendment 4 is BAD for you. They think putting development matters up for referendum is not only troublesome, but that you aren't smart enough to make decisions on such matters! (Not to mention the fact it will cut deeply into their contributions from development interests!)

Fortunate for us, Anna Maria has never had any changes made to its Comp Plan, with the exception of minor alterations during the recent state-mandated review process that was completed in 2007. Those changes STRENGTHENED residents' desires to preserve what we've got.

Near the completion of that review, your commission put on the ballot to amend our charter to require a 4-1 super majority vote to make changes to the Plan's Future Land Use Map. You voted overwhelmingly in favor.

If Amendment 4 passes, it will add another level of protection to your Comprehensive Plan. It means that if a change is voted on by a super majority of your commissioners, it will still have to be approved in a referendum by voters. 

Now that's insurance we can afford!! The only cost is a YES vote!

Do pass it on.

CLICK HERE for the NY Times story.

You Can’t Always Get What You Want, But All You Want’s The Truth

The recall furor is over but the agenda remains the same.

In her never ending quest to stroke the hand that feeds her, Bonner Joy, the editor and publisher of The Islander, has purposefully deceived you again. And this time there’s no hiding it.

It wasn’t enough to embarrass herself and her staff when she promoted the results of her sham popcorn “straw vote” last fall with front page fervor announcing winners who turned out to get the fewest, by far, real votes of five commission candidates.

It wasn’t enough when, after dishonoring Commission Chairman John Quam’s quiet strength with the gavel, she claimed to have endorsed him when she’d done nothing of the sort.

It wasn’t enough to report that several more people had been targeted for public records requests by her pet “government watchdog” Michael Barfield but conveniently leave out the fact that her reporter too was targeted.

It wasn’t enough when she allowed her reporter to make up quotes from thin air and to completely ignore a commission meeting speaker meltdown so egregious that two commissioners and the mayor found it necessary to shout the speaker back to order.

Sun: Mayor Breaks A Tie Vote. Uh, Wrong.

With interest in the November 2nd mayor's race increasing, one topic of discussion inevitably is what happens in a tie city commission vote. Gene Aubry has promised to abstain from PAR votes, though what that means has yet to be defined. But assuming it happens, assuming Aubry does honor his pre-election pledge that some voters may have relied upon in voting for him, and he declines to vote on, say, a PAR site plan and the vote goes 2 - 2? What then?

In it's editorial out today, The Sun wants you to believe the mayor casts the deciding vote. But that would be wrong.

A cursory review of Sec. 3.08 of the City Charter reveals that “No action of the Commission … shall be valid or binding unless adopted by the affirmative vote of three (3) or more of the Commissioners.” A tie vote is just that, a tie, and the subject of the vote therefore fails. The mayor has veto power but that's an entirely different discussion for another day (maybe soon).

Hey, it could be an honest mistake and, if so, Sun publisher Mike Field will say so, publicly.

Or maybe not.

Stay informed.

Bill Yanger

Guilty Until Proven Innocent
Jesus had no particular quarrel with Rome and did not violate Roman law. And yet he was punished by the Romans in accordance with Roman law, and executed by a means exclusively reserved for those guilty of crimes against the empire. The only crime Jesus committed was to question authority. Those in authority were not acting in accordance with God’s way about bestowing authority. Think of it like his LDR’s. But, the Romans knew if the people were made aware of their self proclaimed authority they would be out of a job. So they had to get rid of Jesus.

Aubry’s Opportunity, Lingering Questions and Strategic Expediency: We’ll See

By Wednesday Gene Aubry will be sworn in as an Anna Maria city commissioner. After months of hearing the recallers’ and their lawyers’ cry of “Let the voters decide!” the voters did decide, by a 16 ballot swing of the 693 cast. Not exactly a mandate but, hey, a win is a win is a win. Aubry is now the commissioner. And though many questions have been answered in the frenzied last few weeks, just as many remain.

Will Mr. Aubry honor his published pledge “to recuse himself from any votes that have to do with” PAR?

Does the law even allow him to do so? If not, how does he abide such a pre-election promise?

If he can lawfully abstain, how will he and, we suppose, the City Attorney determine which votes “have to do with” PAR?

The answers will reveal themselves as Mr. Aubry’s tenure unfolds. We urge him to take this opportunity to analyze what is at stake, distance himself from the ever-circling undesirable elements of division and feculence and consider that Anna Maria is so much more than a five block stretch of Pine Avenue. If he brings the class and savvy he exhibited in his career to his work on the commission, then a few surprises may be in store for those who have come to doubt his intentions, or more meaningfully, for those who may expect a quid pro quo. We’ll see.

There are, however, other questions surfacing in the wake of this turbulent summer.

Amendment 4 And The "Bubble-Builders"

Nearly $2 million of the $5 million raised by the opponents of Florida Hometown Democracy Amendment 4 since April comes from Wall Street’s biggest construction corporations,

corporations that recently received billions in federal bailout money. Another $2.5 million funneled to the Political Committee opposing Amendment 4 during the past four months

came from a who’s who of lobbying groups that represent the over-builders/speculators.

These publicly traded construction companies engaged in reckless speculation, over-built many communities, and crashed Florida’s economy. Yet they received huge taxpayer

bailouts this year and are now using them to try to deny Floridians the right to vote by funding the opposition to Florida Hometown Democracy Amendment 4.

Lessons In The Rule Of Law, Due Process and Tiny Olives

It is a profound understatement to say yesterday’s ruling from the Second District Court of Appeal turned every Tom, Dick and Former Inmate into a legal scholar, braying I-told-ya-so’s and citing the “rule of law” as if it were a concept they discovered on the back of a cereal box this morning. Granted, at least one of them has spent far more time in courtrooms than any of the lawyers in this case and perhaps has felt the impassioned thrust of due process far more personally than the rest of us. Another has provided the greatest form of flattery by attempting to parody this blog, your blog. We know parody, parody is a friend of ours. Trust us, the other blog is no parody. That’s not to say it is devoid of humor. With a user name like “tini-olives” one wonders whether it’s a hint at the blogger’s identity or an admission of physical prowess. Considering the blogger’s bold anonymity, one must assume the latter. To all of them we say “thank you” for logging on and reading, several times a day most days, so that you too can stay informed. Yes, we are here for you, too.

So, in deference to the zeal of the brayers, let’s at least attempt to analyze the Court’s order yesterday and its implications moving forward.

This Just In: Appeals Court Lifts Stay Of Certification

The Second District Court of Appeal has lifted the stay on certification of the recall election. You can read the order by clicking HERE.
Don't look to us to attempt an explanation on this one, at least not now. It is simply unexplainable.

More at some point we suppose.

Slick, Yes. But Worth It? Your Call.

Okay, let's say you are running for Anna Maria City Commission in a special election. The election is contentious to say the least. Maybe the most contentious in memory. You never say anything bad about anybody, you claim, but you are clearly identified with one camp; heck you've worked for them, your wife works with them. You spend time shooting the breeze under their purple sign on their authentically faux '"Old Florida" front porch in their requisite faux front porch chairs, while waiting for someone, anyone, to actually show up looking for that certain Appenino Porcini Oil (real, not faux, at last!) to drizzle over a hard-to-find Taleggio cheese ("Wait guys, look, here comes someone, act natural, act like you live here, act...well...act like Old Floridians...come on, really, don't scare this one away too...").

Appeals Court Orders Response to Demand For Certification (**Updated)

If you are keeping score, earlier this week, the Second District Court of Appeal lifted the stay on the recall vote to the extent it allowed the vote to be counted. The count was conducted Monday. The stay on certification of the vote, the administative action that determines the legitimacy of the election, continues due to the pending appeal by Commissioner Stoltzfus.

But the Citizens For Sunshine folks, that being Michael Barfield's pal Andrea Mogensen, and Recaller Robert Carter have both filed requests that the stay on certification also be lifted. You can read those HERE and HERE. The court is obviously taking the requests under consideration because it has ordered Commissioner Stoltzfus to file a response to those requests by 3 p.m. this afternoon. You can read the order by clicking HERE.

308 PINE AVENUE - P & Z TONIGHT

Yet again PAR are attempting to get site plan approval on their lots at 308 Pine Avenue. Their latest plans will be presented at the P & Z meeting at 6.30 tonight (Tuesday 14th September).

Expect more of the same, a posse of lawyers arguing on their behalf, an engineer, their planner Alan Garrett (yes I did say their planner) accompanied by Bob Welch, a stenographer and maybe even a videographer thrown in although less likely tonight as its P & Z and they only show up with a videographer to apply pressure to Commissioner Stoltzfus.

Expect the same result too. With the Mayor having stacked the deck on P & Z with PAR supporters (with the obvious exception of Tom Turner and Margaret Jenkins who have my upmost respect for even going through this charade), we already know it will be given the thumbs up whatever the plans show, be they to code or not.

Recall Vote In; Results Below (**Update)

Were the recall election ever determined to be a legal election, it appears Commissioner Harry Stoltzfus would be recalled. By a vote of 362 to 331, voters selected the recall option on the ballot. By a nearly identical 363 to 332, voters selected Gene Aubry to serve out the term of office. You can view the uncertified results HERE.

We are not going to get into the significance - political or otherwise -  of this thin margin, at least not yet. Until the election is certified, and that means until the Second District Court issues a ruling allowing certification, if ever, the numbers are just numbers. And the inevitable noise and froth from anonymous heroes will drone on.

Thankfully, the rule of law is deaf. And this ain't even close to over.

Stay informed.

**Update 9/13/10 7:30 p.m. : Stoltzfus attorney Richard Harrison has released this statement:

There isn't much significance to be found in the "results" of an illegal election based on an invalid petition. The appeal will continue. No departure from the standard briefing schedule has yet been ordered by the 2 DCA. Our motion to continue the stay as to certification of the results for the duration of the appeal and our motion for expedited review will be filed later this week.

This Just In: Appeals Court Orders Ballots Unsealed; Certification Remains Stayed; **Votes Being Counted

The Second District Court of Appeal issued its order this afternoon unsealing the recall balloting. The order is limited in scope, lifting the stay "only to the extent that all ballots shall be unsealed...and open for public inspection." The order does not direct Supervisor of Elections Bob Sweat to count the votes but Florida law addresses that responsibility separately. The court also does not directly address the stay on certification of the vote which apparently remains in place. You can read the order by clicking HERE.

**Update 3:45 p.m.: Sources tell us that Bob Sweat has been instructed by his counsel Jim Minix to immediately begin counting the votes and to release the ballots for public inspection at 4:30p.m. this afternoon.

So, by this evening we should know the results of the recall election. Was Harry Stoltzfus recalled? If so, did he retain his seat anyway? Was he not recalled after all? How close was the vote? We should know the answer to those and other questions in the coming hours.

So come back often. You’ll know as soon as we know.

Stay informed.

Appeals Court Recall Election Ruling Imminent? (*9/13/10 Update)

We are not in the habit of raising expectations but rumblings out of the Second District Court of Appeals yesterday may indicate a decision on the recall election is imminent and we are not alone in our assessment. To review, Circuit Court Judge Edward Nicholas’ September 3rd order sealed last Tuesday’s recall election results and prevented Supervisor of Elections Bob Sweat from counting and certifying the vote.

A subsequent emergency appeal (HERE) argued that the ballots are public record and must be opened and counted. And while there may not be agreement on the legal nuances, Richard Harrison and his client Commissioner Harry Stoltzfus, state in writing that they do not object to unsealing the vote (no matter what the courageously anonymous Facebook punks may spew with such adolescent sophistication). It is assumed that recall candidate Gene Aubry also has no objection. We talked about the possible scenarios HERE last week. Everyone, therefore, seems to be in agreement that the vote should be counted "in the sunshine."

*City Clerk Alice Baird has filed a response this morning. Read it after the break...

Mike Selby Wants To Be Your Mayor. Let's Meet Him...

Mike Selby

Your neighbor Mike Selby is one accomplished guy. From humble beginnings, through war-time military service and then nurturing a successful business from scratch to significant size and success, he’s a consummate “been there, done that” guy. And now he wants to be your next mayor and to lead Anna Maria out of its recent ugliness and back to where each of you fell in love with it in the first place. He answered a few questions about who he is and why he is running:



Hello Mike. Thanks for opening up and letting us know a little bit about you. It’s rumored you’re pretty tough and sort of a Horatio Alger type guy…

Oh no, tough is your word. I was born in Gettysburg, Pennsylvania and grew up in a small town nearby called Littlestown. I don’t consider myself tough, but I do remember toting water from a spring, frogs and all, to the house. But we were kids. We were independent and made do. And we were happy. In the mid-fifties, that was not what I’d call privileged. We didn’t even have pickle ball back then!

More on that pickle ball thing later. So how’d you break away from that kind of upbringing?

When I graduated from Littlestown High School, I joined the Navy. See the world, you know? After spending time out in the fleet, a senior officer took me under his wing and recommended me for the Naval Academy and a senator was gracious enough to give me an appointment so I went to the Naval Academy Preparatory School. I didn’t bust out, but I just wasn’t that comfortable, so I opted out of the program.

Anna Maria Beachfront Development

9 September 2010

Dear Neighbors,

As you might have heard, we have sued the city of Anna Maria to try to prevent the development of the beachfront lots at Beach and Park Aves. The city has countered with a "back door" approach by trying to remove the clause "Preservation-no development allowed" from the Future Land Use Plan. A probable inadvertent consequence of the change would be to expanddevelopment along the west coast of the island. There is a third council meeting on Sept. 16^th to continue the discussion. I cannot attend the meeting but my attorney ( Stephen Thompson) and land use-planning expert. (Jim Farr) will be there. If you are interested in conservation and limiting development along the west coast beaches of Anna Maria, it would help if you would send letters or emails to the mayor and commissioners expressing your views. It is important to look at the big picture and consider what is best for the environment and all of the citizens of Anna Maria. Please urge your friends and neighbors to write as well.

Down the road there will probably be a council meeting to approve the changes. That will require a "super majority” to pass (4 out of five) and at that time I will ask you to attend and speak out against the proposal.

Thanks.

Rick and Pat Friday

104 Park Ave.

Commission Chairperson, John Quam amcommquam@cityofannamaria.com

Commissioner Jo Ann Mattick amcommmattick@cityofannamaria.com

Commissioner Charles H. Webb amcommwebb@cityofannamaria.com

Commissioner Dale Woodland amcommwoodland@cityofannamaria.com

Commissioner Harry Stoltzfus amcommstoltzfus@cityofannamaria.com

Mayor Fran Barford ammayor@cityofannamaria.com

If you have questions or just want to chat, don’t hesitate to call or email.

Rick and Pat Friday

1050 Woodrow St.

Madison, Wisconsin 53711

& 104 Park Ave., Anna Maria

rofriday@wisc.edu

608 335 1844 -cell

Little did we know....

When the OurAnnaMaria blog went on line in May of 2009, the idea was to simply provide a convenient, unfiltered outlet for Anna Marians who really care about the future of our city. At the time, that was especially important for three reasons: 1) our heritage was being threatened by developers; 2) there was an election on the horizon that could prove pivotal to our future; and 3) The Islander and The Sun tabloids shared a monopoly on opinion and information.

Starting this blog was easy, with the help of Google, and it’s free. All that was needed was a title and a good sunset photo! So up it went.

The firestorm that ensued wasn’t expected. It started with the protestations of our mayor: “With all due respect...I wish you could find something positive to focus on to help the City and give us some encouragement as we try to move the city forward.” She didn’t say what she meant by “forward,” but right  then and there, we knew we had hit on something. Subsequently, the blog was blamed by both tabloids for creating a divisive atmosphere in the city; it was spawning a “We/They” environment that was not healthy. The nerve, the blog pointing out the glaring differences in the candidates!

The reactions to the blog, both positive and especially the negative, can be summed up in one word: Verification. Ain’t nothing like it. Overnight, the monopoly on opinion and information was no more. And every time the tabloids mentioned the blog, viewership grew, even among those who didn’t know what a blog was!

Readership of the blog has exceeded any expectations. The graph above is not a graph of our detractors’ blood pressure, rather, it’s a snapshot of the past 30 days’ readership. For a town our size, it’s impressive. (We don’t do the counting; Google provides an independent system for that.) Since the end of January, over 10,000 visitors have viewed over 40,000 pages! The numbers speak for themselves and show that more and more are relying on OurAnnaMaria for information more often.

As much as Bill Yanger doesn’t want to hear this, the blog’s success is primarily attributable to his editorial contributions. His journalistic acumen is at the heart of the increased readership, and for that we all are eternally grateful. The unique yet professional insights he proffers can be credited to the fact that he is both an accomplished attorney and a degreed journalist. Something you can’t get anywhere else--factual, professional, and at times very entertaining through his “Conversations” features.

Great job, Bill, and thanks from all of us. Kudos also to you, our readers and contributors; without your support, the blog wouldn’t be. “And,” as Bill says, “stay informed.”

Waiting To Step Through The Recall Looking Glass...Again

Here’s a twist right of Alice in Wonderland: City Commissioner Harry Stoltzfus and ex-con Michael Barfield’s comrade in lawsuits, attorney Andrea Mogensen, are actually taking the same position on a legal issue today.

In a saga with more knots than a mullet net, this one is actually not that surprising. Mogensen, known for teaming with Barfield to bully small towns for big dollars, often over insignificant issues, filed an emergency motion with the Second District Court of Appeal basically arguing that Judge Nicholas can stay certification of yesterday’s vote, he just can’t seal it altogether. Commissioner Stoltzfus happens to agree with the desired result if not the legal sufficiency of Mogensen’s argument. His attorney Richard Harrison has this morning filed a response to Mogensen’s emergency motion effectively saying just that. You can read Harrison’s response by clicking HERE. We recommend it.

So, what does this mean?

Hit the "Please Read More" link below to follow us:

Bradenton Herald Publishes Un-Biased Look

Alas, a source for objectivity, as close as your nearest news rack. Of course, you have to pay for it, but you know the old saying about getting what you pay for!

 Read all about it here.

Stayed Tuned: Major Recall News Developing

Word is emerging from several sources that significant recall news is imminent today. We will post what we can confirm as soon as we confirm it.

Return often and stay informed.

Elizabeth Moss: Anna Maria's Graceful, Tenacious Treasure

Elizabeth Moss, right, with her friend Lisa Losordo after voting this morning

Elizabeth Moss voted today.

If you been around Anna Maria for any time at all, you have heard of Elizabeth Moss. If you have been blessed to meet and share time with Mrs. Moss, your life is unquestionably better for it. The Bartow, Florida native first came to Anna Maria in 1921 and has never looked back. She and her late husband Gene bought the beach cottage at the gulf-end of Willow Avenue in 1943 and she lives there to this day.

Stay with us by clicking the "Please Read More" link below:

Rebuttal to Island Newspaper Editorials

This just in from a very concerned and interested citizen of Anna Maria who wanted it posted before the election tomorrow.

Some Election Perspectives....

With the vote approaching Tuesday, take a look at some personal perspectives on City Commissioner Harry Stoltzfus from the locals who know him best. Click HERE.

A Brief Change of Subject - A reprint from the Bradenton Times, Letters to the Editor:

Building boom dooms Manatee home values

Your home value decreases for each new house built. Manatee County’s booming home construction causes the destruction of your most important investment, your home.
Five years ago the average Bradenton home value was $283,800. Now it’s $157,700, a decrease of $126,100. Existing homes sales are down 50 percent from five years ago, and foreclosures are rising beyond 10,359. There are 300,000 vacant homes in Florida.

GENE AUBRY, PAR, SUNSHINE LAWS AND YOU HAVE TO BE KIDDING ME!

Some months ago an email that had been sent to Commissioner Stoltzfus from Janet Aubry and had become part of the public records was posted on this blog.

It was revealing to say the least.  Very revealing.  PAR and their lawyers had accused Commissioner Stoltzfus of running a shadow government and breaking Sunshine Laws.   How ironic is it then that the wife of the man who decides to run against Commissioner Stoltzfus in the recall election, Eugene Aubry, sends the email that you can read HERE.

A lawyer then followed up on this and his letter to the Mayor and Commissioners can be read HERE.

Of course our Mayor, who has openly endorsed PAR, did not act on what appears to be a clear breach of the Sunshine Laws with Ms. Aubry appearing to act as a conduit between Commissioners. 

This Just In: JUDGE SEALS RECALL VOTE; ORDER ISSUED**

Judge Edward Nicholas ruled this morning that Tuesday's recall election will proceed and the results will be sealed until at least September 24th. Attorneys for both Stoltzfus and Carter were instructed to request expedited review by the Second District Court of Appeals.

**Update 4:00 p.m. - You can view Judge Nicholas' "Order On Motion For Stay" by clicking HERE.

More on details and possible scenarios later. So come back often.

And stay informed.

Recall Absentee Voters Responding

Sources tell us this morning that 315 recall election absentee ballots were requested by and forwarded to voters by the Supervisor of Elections Office. Yesterday was the last day to request an absentee ballot for Tuesday's scheduled election.

As of this morning 201 of those ballots have been returned to the elections office and accepted by the canvassing board. If you are still holding on to yours, send it in today. It must be received by Tuesday to be counted and REMEMBER MONDAY IS A HOLIDAY.

Stay informed.

But Wait...The City Is Not A Party To The Recall Lawsuit, So...

So, assuming it happened, was this evening's closed door session regarding the recall litigation proper?

The applicable portion of the Sunshine Law, Florida Statute 286.011(8), says in pertinent part:

“…any board or commission of any…municipal corporation… and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court…” (emphasis added).

Neither The City of Anna Maria, it's commission nor its mayor are "presently a party" to the recall lawsuit.

But, you say, City Clerk Alice Baird is a party to the lawsuit and she works for and represents the city so it must be okay, correct? Courts have historically interpreted Florida's sunshine laws very strictly. So, strictly speaking the answer is no, it is not okay. The question will be what are the consequences, if any?

We're sure to find out. Soon.

(**Update: 11:00 p.m. - No consequence if no "action" was taken in the closed meeting.)

Stay informed.

This Just In: Dye Calls 6pm Closed Door Meeting Regarding Friday's Recall Election Hearing

City Attorney Jim Dye has called a closed door session of the City Commission immediately preceding its regularly scheduled meeting at 6 p.m. tonight. You can view the agenda HERE.

With the hearing regarding attorney Richard Harrison's motion to stay the September 7th recall election looming tomorrow at 11 a.m. Dye is expected to discuss the position the City will take regarding the requested election delay.

Should be interesting. Another Friday surprise?

Stay informed.

Accountability

Finished reading this weeks "I Slander” and Sun Newspapers editorials. For the past ten months the articles about Harry Stoltzfus have been regurgitated week after week, with various inflammatory headlines. I don't mind his picture in every issue or in the border of the online edition; he is eye candy for me. He appears as often as ads for the Sand Bar, Mar Vista, The Beach House and PAR. They're paying; Harry gets in for free.

I will begin with the “I Slander”. I've included direct quotes from the current edition.

This week’s editorial is reckless, libelous, slanderous, irresponsible and without any factual basis. Given the tone it is not a stretch to know who is responsible for writing it, easy to figure out who is behind it. I think of a wooden puppet with an ever growing nose, the strings controlled by a few whose goal is clear: get rid of Harry Stoltzfus.

In fact, at a recent city meeting, a rather rotund bald man, wearing flip flops and toying with his ever present cell phone, leaned in to his attorney and was overheard saying, "Get rid of that son of a bitch! The man, Micheal Coleman.

Hit the "Please Read More" link below...

Emergency Recall Hearing Set For Friday 11:00 A.M.

Judge Nicholas has set the emergency motion filed by attorney Richard Harrison HERE for hearing this Friday at 11:00 a.m. in his courtroom.

You can view the Notice Of Hearing by clicking HERE.

Stoltzfus Seeks Stay Of Election Or Sealed Results Pending Appeal*

As anticipated since Judge Nicholas rendered his recall order on August 24th, Richard Harrison has today filed a motion seeking a stay (delay) of the September 7th election or an order sealing the election results until a thorough appellate review is completed and a decision is rendered by the Second District Court of Appeals. Importantly, Harrison points out in his motion that there are no known "municipal recall cases where some form of stay pending appeal was not granted."

You can read Harrison's motion by clicking HERE.

*Update August 31st: Judge Nicholas will apparently hear arguments on Mr. Harrison's motion sometime this week. The judge's office and respective counsel are currently finalizing a date and time. We'll let you know when we know.

Stay informed.

A Picture's Worth A Thousand Words

We could talk you silly about what a vote for Gene Aubry will mean to Pine Avenue. He has said in previous City Commission meetings that he does not "represent PAR," he "represents Gene Aubry." Okay.

But spending his afternoon on PAR's front porch while his eye-catching roadster with "Aubry" plastered on its side sits parked in front of PAR's 401 Pine Avenue building all weekend speaks volumes. Loudly and clearly. Enough said? We think so.

Get the picture?

Your Blog Shatters Records

Just a quick note to thank our readers for shattering previous visitor records today. Your blog has become the go-to place to stay informed about our Anna Maria. That is always important but especially so in the next 10 days.

Congratulations. Come back soon.

Oh yes, stay informed.

Charlie Wilson, Move Over. This Is Ed Chiles’ War.

A lot has been said, here and elsewhere, in recent months about PAR and Micheal Coleman (yes, it’s Micheal, “e” first, so please, no more emails). You know, Enforcer, Bully, Lurker and chief ram-rod for trying to shove 262 parking spaces down our collective throats on Pine Avenue (though that’s now a memory). Coleman has been the dutiful field commander, leading the charge, taking the flak, falling on the sword and filing the police reports. He shows up, everywhere, and says hello. He extends his hand though fewer and fewer are willing to take it. He engages conversation and finds little response these days. But he remains ever on task and in character, never deviating from the PAR script. “Did I show you the cisterns...?”

But all along, the word around town, the underground whispered word, the I’ll-tell-you-but-you-can’t-say-where-you-heard-it word, was that Ed Chiles is the one with the chip, the grudge, the something to prove. Ed Chiles is the one, they said, who swore that this Pine Avenue showdown was the “biggest thing” in his life. And he was going to win. “Whatever it takes,” he is said to have said.

Of course, that presented a problem. Follow us by clicking the "Please Read More" link below.

"Ninety-One Eighty Sixed" Continued; Do Not Breath Easy

They did not plan on it ending like this.

The City Commission had been meeting since the November election trying to find a solution. There was agreement that the existing parking regulations contained in Chapter 90 needed fixing. Even the developers and their posse agreed it was necessary and committed, kind of, to adapting their plans to meet the new specifications. But after stacked parking safety committees failed and a parking guru flew in to confirm the safety concerns, attentions were diverted by ex-cons and recalls and initiatives. Throughout it all Chairman Quam quietly kept discussions moving with regularly scheduled meetings and workshops. Based on the continuing discussions, architect Gene Aubry submitted a series of evolving Pine Avenue corridor parking plans that, being developer - meaning PAR – friendly, further divided sentiments and deadlocked progress toward a solution. Follow us by clicking the "Please Read More" link below.

This Just In: Ninety-One Eighty-Sixed**

More on the details later but Chapter 91, the most recent effort to flood Pine Avenue with more vehicles than trees, is dead. Eighty-sixed, as they say.

The Anna Maria City Commission, always good for a surprise or two, voted tonight to proceed with amendments to Chapter 90 instead of continuing its ten month quest to reinvent the parking wheel with a new developer-friendly ordinance. Credit must go to Chairman John Quam, for putting the protracted debate to rest.

**Thanks to a good and loyal friend of this blog for the headline suggestion.

Recall Hearing Transcript Released Today; Read It For Yourself Here

As we updated you HERE, an appeal was filed today in the Stoltzfus recall case. We will keep you updated as documents are filed and any hearings are scheduled, so stay tuned.

In the meantime, the official transcript of the August 12th hearing before Judge Nicholas was released today. The transcript will be filed with the Second District Court of Appeals as part of the record the court will review in reaching its determination.

In our continuing effort to provide you with access to source documents, you can read the entire hearing transcript by clicking HERE.

Stay informed.

Keep Those Cards And Letters Coming; Residents Respond to Pine Avenue Parking Efforts

Commissioner Joanne Mattick made it clear at last Wednesday’s parking workshop that she had no intention of keeping an open mind regarding the pending Citizen’s Initiative on Pine Avenue parking. She has made it a point to question the legal sufficiency of the parking petition, though if she would simply take a few moments to actually read it she would see that it complies with the requirements of the City Charter. The language of the ordinance is clearly and succinctly set out within the petition as required. Many in attendance were also concerned with her insinuation that votes cast in last November’s election were now considered mistakes by some. Last Friday we suggested HERE that it may be time to remind Commissioner Mattick that your vote last November was no fluke and that the voice of the citizens will be heard.

Well, you responded. Below are snippets from some of your letters and emails. You can read the full text of each letter by clicking the →→ at the end of the quoted text.

“Any city commissioner that would insinuate that ALL OR ANY of these votes were miscast, would be an insult to the voter's integrity and the system put in place for the RIGHT TO VOTE in the USA. ” →→

Hit the “Please Read More” link below for more snippets and letters:

The Rule of Law Takes A Hit; Stoltzfus Appeals

Okay, so that you know, Judge Nicholas’ Order today is being appealed. Attorney Richard Harrison issued this statement late this afternoon:

“We believe that the trial court’s order is inconsistent with the controlling precedent as established by the appellate courts in Florida and the Florida Supreme Court, and Commissioner Stoltzfus has authorized us to commence an appeal immediately. We will do that and the case will now proceed to the Second District Court of Appeal for further review.”

(Update 1 p.m., August 25th: The Notice of Appeal has been filed today with the Second DCA. You can view a copy HERE.)

I wouldn’t bet a round of beers that you’ll be voting on September 7th but until then chalk one up for the Recall crowd. Attorney Fred Moore, as we have said, a fine advocate with a respected law firm, was somehow able to persuade Judge Edward Nicholas to render a decision that effectively allows the Judge to have his cake and eat it too, that is to say, to render an opinion without worrying whether it is supportable. Yes, unfortunately, somewhere along his 11 day journey to this decision, the Judge lost the one thing most precious to the work he does: a concern for the rule of law. Hit the "Please Read More" link below and let us explain:

Judge Upholds Recall Petition; Election September 7th Stands, For Now

Judge Nicholas filed his order this morning affirming the recall petition. You can read the order by clicking HERE.

Things will be moving quickly the next few weeks. If you haven't requested an absentee ballot for the September 7th recall election, do it today.

You can request your ballot on line HERE. 

Or by phone to 941-741-3823.

Stay informed.

Just Do Your Job

Tensions are rising and anxiety pervades. Most of us get up anyway and attend to our responsibilities. After all, life goes on, but we have jobs to do and we do them.

But it seems many people may be asking questions:

Do I, an Anna Maria voter, fill in my absentee recall ballot, stick it in an envelope and send it in or not? After all, I take my vote seriously and I expect my government to take my vote seriously. I am ready and willing to do my job as a voter.


Do I, as Mayor of Anna Maria, plan for an election in two weeks and do I commit the manpower and resources now to make it happen? After all, I am accountable to my constituents and I have a city to run. I am ready and willing to do my job as the Mayor.


Do I, as Supervisor of Elections, set aside dozens of other pending races to dedicate time and expertise, people and man hours, to this recall race in Anna Maria? After all, it is just one of many elections but it is just as important as each of the others. I am willing and ready to do my job as Elections Supervisor.


Do I, as a duly qualified candidate in the recall election, campaign for the position, calling folks, walking streets, answering questions and giving the voters a choice? After all, I qualified for the office to give the voters that choice, should the election even happen. Campaigning for office is not a job but I assure you I approach it as if it were a job. And I am ready and willing to do my job.

The qualifying period for the recall election lasted nine days. Wars have been fought and won in six days. You can walk from Key West to Miami in four days, drive to California from Anna Maria in five days and cross the Atlantic Ocean on a cruise in six days, easy. The Florida Bar exam takes three days. Heck, God took six days for creation which earned him that rest on the seventh.

Judge Edward Nicholas has had eleven days since the hearing on August 12th to review this recall matter and prepare his order. The case has been on his docket since May 24, 2010, exactly three months. He has been provided extensive legal memoranda by both sides setting out case law, statutes and contested issues on three occasions. He has heard articulate and exhaustive legal arguments twice in open hearing and has had access to the extensive appellate briefs filed by the parties which succinctly and competently frame the issues for him.

At the conclusion of the hearing on August 12th Judge Nicholas made it clear to all in attendance that he understood the gravity of the issues and how important his ruling is to so many. He vowed to consider the matter and to rule expeditiously. He is now way beyond “expeditious” and, yes, much hangs in the balance politically. But more importantly, the time and resources of those who serve the voters and the voters themselves are being held hostage. The delay is simply unwarranted and unexplainable.

Do your job Judge Nicholas. Everyone else has.


Bill Yanger