Take a moment to read this thought provoking piece entitled Beauty vs. The Beast by Julie Hauserman in today's (Feb. 28th) Tampa Tribune. The coming storm facing the City of Anna Maria is not new to Florida. For the most part, this city has been able to escape developer influence in the last 50 years. But this week will be a watershed moment in our history and our future. The November election ushered in new energy and new ideas and new initiatives which have appeared to set us on a proper course and to some extent have provided a false sense of security. But do not be fooled and do not be complacent. The votes we have taken for granted are slipping and the direction in which our elected officials choose to take us is dependent upon your voice being heard. Let each of the City Commissioners and the Mayor know how you feel and do it today. Emails for each of the Commssioners can be found HERE or by simply clicking their respective emails below:
Fran Barford - ammayor@cityofannamaria.com
John Quam - amcommquam@cityofannamaria.com
JoAnn Mattick - amcommmattick@cityofannamaria.com
Harry Stoltzfus - amcommstoltzfus@cityofannamaria.com
Chuck Webb - amcommwebb@cityofannamaria.com
Dale Woodland - amcommwoodland@cityofannamaria.com
As always, thanks for reading. And come back, often.
Oh yes, show up at City Hall this Thursday March 4th. It is only the most important meeting this City has seen in 40 years. Really, it is.
Bill Yanger
Sunday, February 28, 2010
Thursday, February 25, 2010
Alert – ‘Proposed 2030 Traffic and Parking Plan For The Pine Avenue Corridor’
There is a ‘Proposed 2030 Traffic and Parking Plan For The Pine Avenue Corridor’ that is steamrolling along. It was unexpectedly presently at this week’s P&Z meeting and it will be presented at the City meeting on March 4, 2010. Please be there!
This is it folks! This is a huge issue for anyone who doesn’t want to see the commercial area intensified anymore than currently is allowed. Many see this is as an enormous threat to the charm and laid-back nature of our beach town just like the hotel issue was last year. I agree!
Please let the Commissioners know what you think and please come to the meeting on March 4, 2010!
The proposed plan, as depicted in a drawing by retired architect Gene Aubry and mentioned in this week’s, Feb. 24th Sun edition, p.24-25, shows approximately 160 angled parking spaces using the right-of-way on both sides of Pine Avenue. This proposed plan design has the 160 cars backing out onto Pine Avenue and has sidewalks placed on the private commercial properties. It is a poor traffic design with cars backing out onto one of our narrow main commercial roads. Can you visualize the increased traffic stopping and starting as cars pull in and out of all these spaces with the whole scene compounded by a trolley, which has no place to pull over, coming through twice every 20 minutes? (Click on ‘read more’…)
This is it folks! This is a huge issue for anyone who doesn’t want to see the commercial area intensified anymore than currently is allowed. Many see this is as an enormous threat to the charm and laid-back nature of our beach town just like the hotel issue was last year. I agree!
Please let the Commissioners know what you think and please come to the meeting on March 4, 2010!
The proposed plan, as depicted in a drawing by retired architect Gene Aubry and mentioned in this week’s, Feb. 24th Sun edition, p.24-25, shows approximately 160 angled parking spaces using the right-of-way on both sides of Pine Avenue. This proposed plan design has the 160 cars backing out onto Pine Avenue and has sidewalks placed on the private commercial properties. It is a poor traffic design with cars backing out onto one of our narrow main commercial roads. Can you visualize the increased traffic stopping and starting as cars pull in and out of all these spaces with the whole scene compounded by a trolley, which has no place to pull over, coming through twice every 20 minutes? (Click on ‘read more’…)
Do You Have Any Idea What’s In That Hot Dog?
By Bill Yanger
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 buddy.
Feeling better? You were pretty blue the other day.
Oh I’m over it. Just trying to focus on things that…you know…things that make me smile.
That make you smile…okay…Like Bean Point?
Yes, actually…took your advise. Right at sunrise. That place always seems to right me when I’m listing. Even caught a couple mackerel with my favorite little feather jig. Walked home and fried one up for breakfast with some cheese grits. Sliced a fat-daddy Ruskin tomato, splashed it with a little balsamic vinegar. Squeezed a glass of tangerine juice…nothing better. Back at the helm.
Love your cheese grits. Some reason you wanted to meet later for lunch today instead of coffee?
Not really, just had some things to do this morning.
Like what?
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 buddy.
Feeling better? You were pretty blue the other day.
Oh I’m over it. Just trying to focus on things that…you know…things that make me smile.
That make you smile…okay…Like Bean Point?
Yes, actually…took your advise. Right at sunrise. That place always seems to right me when I’m listing. Even caught a couple mackerel with my favorite little feather jig. Walked home and fried one up for breakfast with some cheese grits. Sliced a fat-daddy Ruskin tomato, splashed it with a little balsamic vinegar. Squeezed a glass of tangerine juice…nothing better. Back at the helm.
Love your cheese grits. Some reason you wanted to meet later for lunch today instead of coffee?
Not really, just had some things to do this morning.
Like what?
Wednesday, February 24, 2010
OLYMPIC MEETING OF THE P&Z BOARD
In keeping with Olympic theme of the days:
The gold medal goes to Mr. Alberts for providing new and compelling factual testimony to help the P&Z board understand why they had approved previous PAR plans (with regard to parking only) but should not approve 216 Pine Avenue. After careful analyses of the regulations that were in force, prior to the original PAR applications, he determined they had been amended to remove ambiguous language that was interpreted to allow the frontage to serve as one large driveway. This was a win-win, the city did not do anything wrong before and it was not bound by precedent now.
The Silver Medal goes to Mr. Pytel who was tenacious as a terrier in trying to make others understand the concept of density and how it had been derived. He was supported by an expert witness, an attorney and ironically the P&Z Board Chairperson who had the same recollections, yet failed to support him.
The Bronze Medal goes to Ms. Jenkins who spunkily put Dye in his place by saying (paraphrase) How could they be telling me something when I just told you they were asking me questions, they didn't know anything. I told them to come to the meeting.
On a more serious note there are some important points from this meeting:
- With Mr. Stover at the helm of P&Z it is ever more important that the City Commissioners take over approval of major site plans. He lost control of the meeting and the applicant's attorney took full advantage of this, interjecting at will. Not sure how many years he has sat on the board but he appeared to have no grasp of the procedures or protocol.
- The applicant's attorney told the board they did not have to listen to the testimony from the citizen's since it had no "weight" she then discounted a citizen's expert witness saying he says he's a planner or something. Important to note: Mr. Dye woke up from his stupor and did his job by noting that the citizen's testimony did have weight as long as they were entering facts into evidence not opinions. Every citizen who spoke entered facts into evidence, several did interject opinion but it was easy to tell the difference. If you were listening!
-The applicant's 2nd seat attorney who claimed to specialize in Comp Plans told Mr. Pytel that it is her strongly held opinion / position that density was by region not by lot because of how she parsed the language. She cited no case law to show how courts looked at comp plan language when it was so constructed, so it must be her opinion.
The Booby Prize is a tie between Mr. Stover for his total inability to manage the meeting and his fixation on a plan that was not in evidence and has no traction in the community. He did not listen to a thing that was said.
OR
Ms Mattick who said, more than once, it doesn't matter if we're wrong about the density then the developer has to tear it down, it doesn't affect us. Tony Arrant told us about this big case where they had to tear down an apartment building. If you don't care if you are wrong and will not consider fact you need to resign.
Randall Stover Elected P&Z Board Chair; Sandy Mattick Elected P&Z Board Vice-Chair
The first item on the February 23, 2010 Planning and Zoning Board meeting agenda was ‘Election of Officers’.
Quickly out of the blocks, Sandy Mattick made a motion to nominate Randall Stover for Chair of the P&Z Board. There were no other nominations and Randall Stover was elected as Chair of the P&Z Board.
Mayor Fran Barford’s latest P&Z Board appointee, Bob Barlow, then made a motion to nominate Sandy Mattick for Vice Chair. Jim Conoly made a motion to nominate Frank Pytel. Sandy Mattick was elected as Vice Chair of the P&Z Board.
Quickly out of the blocks, Sandy Mattick made a motion to nominate Randall Stover for Chair of the P&Z Board. There were no other nominations and Randall Stover was elected as Chair of the P&Z Board.
Mayor Fran Barford’s latest P&Z Board appointee, Bob Barlow, then made a motion to nominate Sandy Mattick for Vice Chair. Jim Conoly made a motion to nominate Frank Pytel. Sandy Mattick was elected as Vice Chair of the P&Z Board.
Tuesday, February 23, 2010
216 Pine Avenue Site Plan Approved
The 216 Pine Avenue site plan was approved with some stipulations - 4 votes yes, 3 votes no.
Sandy Mattick, Bob Barlow, Mike Yetter and Randall Stover voted 'yes'.
Frank Pytel, Margaret Jenkins and Jim Conoly voted 'no'.
Sandy Mattick, Bob Barlow, Mike Yetter and Randall Stover voted 'yes'.
Frank Pytel, Margaret Jenkins and Jim Conoly voted 'no'.
Monday, February 22, 2010
Attention – February 23, 2010 6:30 P.M. P&Z Board Public Hearing on 216 Pine Avenue Site Plan
There is a very important item on the Planning & Zoning Board’s agenda tomorrow evening, February 23, 2010 6:30 p.m.. The agenda item reads as follows:
“PUBLIC HEARING: A continued public hearing from January 19th to consider a revised site plan for 216 Pine Avenue, Lots 1 and 2, Block 46, Anna Maria Beach, Third Addition, in an ROR zone district.”
Please attend the Feb. 23rd hearing meeting and help encourage the P&Z Board to continue this hearing to a later date. Too much is in controversy for this hearing to proceed tomorrow evening.
And if the P&Z Board does proceed with the hearing, I hope they will be encouraged to deny the plan.
“PUBLIC HEARING: A continued public hearing from January 19th to consider a revised site plan for 216 Pine Avenue, Lots 1 and 2, Block 46, Anna Maria Beach, Third Addition, in an ROR zone district.”
Please attend the Feb. 23rd hearing meeting and help encourage the P&Z Board to continue this hearing to a later date. Too much is in controversy for this hearing to proceed tomorrow evening.
And if the P&Z Board does proceed with the hearing, I hope they will be encouraged to deny the plan.
Friday, February 19, 2010
Bummer, Dude
By Bill Yanger
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.
Yeah…um…hey.
What’s the deal? You look like crap. You sleep on the beach or something?
Nah. Didn’t really sleep at all. Just a little down I guess.
Down?
Yeah, I had the bright idea of going to the City Commission meeting last night.
So?
So, it was a kind of bummer.
Well, I can’t say you have great taste in your choice of entertainment. Commission meetings ain’t exactly American Idol or even Germany v. Norway in Olympic curling. Have you seen those guys sweep? So cool...they float down the ice with these little brooms…
…Hey! This is important man.
Whoa. Sorry. Mr. Touchy today. Okay, I’m all ears. Take three deep breathes and talk to me.
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.
Yeah…um…hey.
What’s the deal? You look like crap. You sleep on the beach or something?
Nah. Didn’t really sleep at all. Just a little down I guess.
Down?
Yeah, I had the bright idea of going to the City Commission meeting last night.
So?
So, it was a kind of bummer.
Well, I can’t say you have great taste in your choice of entertainment. Commission meetings ain’t exactly American Idol or even Germany v. Norway in Olympic curling. Have you seen those guys sweep? So cool...they float down the ice with these little brooms…
…Hey! This is important man.
Whoa. Sorry. Mr. Touchy today. Okay, I’m all ears. Take three deep breathes and talk to me.
A Moratorium?
“Moratorium”
It just sounds bad doesn’t it? Brings to mind onerous and dark possibilities. But it shouldn’t. It is a tool of local government that is commonly used to maintain the status quo while problematic laws are fixed, particularly ordinances inconsistent with comp plan requirements, kind of like the situation we find our little city in today. I am not a land use lawyer and I do not play one on TV. But I can read and I believe I have some common sense. The following is a very short but representative example of how courts have interpreted the use of moratoria in Florida and elsewhere. It is purely informational, a tool to better equip readers of this blog to understand the nature of the ongoing debate. Hopefully, it will spawn more questions and more interest from more people about the many things happening at City Hall these days that affect every one of us. I do not advocate this information as the basis for any action or inaction by anyone nor should anyone consider it to be a legal opinion. That is Mr. Dye’s job. And of course, many thanks to the loyal reader who found this valuable information and made it available to us:
Courts will uphold moratoria that are necessary to protect the public health safety and welfare. City of Boca Raton v. Boca Villas Corporation, 371 So.2d 154 (Fla. 4th DCA 1979) cert. denied, 381 So. 2d 765 (Fla. 1980), cert. denied, 449 U.S. 824 (1980).
Courts have upheld moratoria based on the need to plan to avoid growth induced public facility problems, or to cure existing problems caused by prior development. Golden v. Planning Board of Town of Ramapo, 30 N.Y. 2d 359, 334 N.Y. 2d 138, 285 N.E. 2d 291 (C.A.N.Y. 1972, appeal dismissed, 409 U.S. 1003 (1972).
Moratoria that are reasonably limited in scope and duration, and have a firmly fixed termination point will be upheld. Franklin County v. Leisure Properties, Ltd., 430 So. 2d 475 (Fla. 1st DCA 1983) (Upheld three year moratorium on the issuance of building permits for multi-family construction as a means of maintaining the status quo during the adoption of a new comprehensive plan).
The above cases should be distinguished from moratoria of excessive or unlimited duration, which are generally held to be unreasonable. Government has a duty to expeditiously take steps to rectify the problem upon which the moratorium is based. Smoke Rise v. Washington Suburban Sanitation Commission, 400 F. Supp. 1369 (D.C.Md.1989).
Thanks again for reading. Now go ask questions and keep asking until you get answers.
Bill Yanger
It just sounds bad doesn’t it? Brings to mind onerous and dark possibilities. But it shouldn’t. It is a tool of local government that is commonly used to maintain the status quo while problematic laws are fixed, particularly ordinances inconsistent with comp plan requirements, kind of like the situation we find our little city in today. I am not a land use lawyer and I do not play one on TV. But I can read and I believe I have some common sense. The following is a very short but representative example of how courts have interpreted the use of moratoria in Florida and elsewhere. It is purely informational, a tool to better equip readers of this blog to understand the nature of the ongoing debate. Hopefully, it will spawn more questions and more interest from more people about the many things happening at City Hall these days that affect every one of us. I do not advocate this information as the basis for any action or inaction by anyone nor should anyone consider it to be a legal opinion. That is Mr. Dye’s job. And of course, many thanks to the loyal reader who found this valuable information and made it available to us:
Courts will uphold moratoria that are necessary to protect the public health safety and welfare. City of Boca Raton v. Boca Villas Corporation, 371 So.2d 154 (Fla. 4th DCA 1979) cert. denied, 381 So. 2d 765 (Fla. 1980), cert. denied, 449 U.S. 824 (1980).
Courts have upheld moratoria based on the need to plan to avoid growth induced public facility problems, or to cure existing problems caused by prior development. Golden v. Planning Board of Town of Ramapo, 30 N.Y. 2d 359, 334 N.Y. 2d 138, 285 N.E. 2d 291 (C.A.N.Y. 1972, appeal dismissed, 409 U.S. 1003 (1972).
Moratoria that are reasonably limited in scope and duration, and have a firmly fixed termination point will be upheld. Franklin County v. Leisure Properties, Ltd., 430 So. 2d 475 (Fla. 1st DCA 1983) (Upheld three year moratorium on the issuance of building permits for multi-family construction as a means of maintaining the status quo during the adoption of a new comprehensive plan).
The above cases should be distinguished from moratoria of excessive or unlimited duration, which are generally held to be unreasonable. Government has a duty to expeditiously take steps to rectify the problem upon which the moratorium is based. Smoke Rise v. Washington Suburban Sanitation Commission, 400 F. Supp. 1369 (D.C.Md.1989).
Thanks again for reading. Now go ask questions and keep asking until you get answers.
Bill Yanger
Wednesday, February 17, 2010
Attention – February 18, 2010 6 P.M. Commission Meeting
Here is the agenda for the important Commission meeting, tomorrow February 18, 2010 6 P.M.:
1. AMENDMENTS TO SITE PLAN PROCEDURES – Second Reading and Public Hearing of Ordinance 10-708.
2. CHAPTER 90 – Internal Traffic Circulation and Access.
Agenda item #1 is very important. Among other things, Ord. 10-708, if adopted, will amend Sec.74-350 through 358 so that final site plan decisions will be the duty of the City Commission. The P&Z Board will be the recommending body. This will be a reversion back to the way things were prior to July 26, 2007.
Agenda item #2 is also very important. The City Commission will finally attend to Chapter 90. This item was not reviewed at last week’s Feb. 11th joint P&Z Board and Commission work session due to time constraints.
Click on ‘read more’ to learn why Chapter 90 is so important to the City of Anna Maria!
1. AMENDMENTS TO SITE PLAN PROCEDURES – Second Reading and Public Hearing of Ordinance 10-708.
2. CHAPTER 90 – Internal Traffic Circulation and Access.
Agenda item #1 is very important. Among other things, Ord. 10-708, if adopted, will amend Sec.74-350 through 358 so that final site plan decisions will be the duty of the City Commission. The P&Z Board will be the recommending body. This will be a reversion back to the way things were prior to July 26, 2007.
Agenda item #2 is also very important. The City Commission will finally attend to Chapter 90. This item was not reviewed at last week’s Feb. 11th joint P&Z Board and Commission work session due to time constraints.
Click on ‘read more’ to learn why Chapter 90 is so important to the City of Anna Maria!
Monday, February 15, 2010
Parking and Sidewalk Safety in the ROR
The following was written for a handout at the most recent P&Z and Commission Joint Session
January 11, 2010
It’s been suggested we have three options regarding off street parking configurations:
1. Continue as we are. Change nothing.
2. Move the sidewalks.
3. Create driveways and require off-street parking configurations on the developed properties.
I suggest Option 1 is no longer an option, for these reasons.
By Florida statute:
Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL
316.1995 Driving upon sidewalk or bicycle path.--No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
We’ve got a problem. Either we designate every location in which a vehicle crosses a sidewalk a driveway, or the drivers of those vehicles crossing the sidewalk are committing moving violations. It’s illegal to drive across a sidewalk unless you’re on a driveway.
January 11, 2010
It’s been suggested we have three options regarding off street parking configurations:
1. Continue as we are. Change nothing.
2. Move the sidewalks.
3. Create driveways and require off-street parking configurations on the developed properties.
I suggest Option 1 is no longer an option, for these reasons.
By Florida statute:
Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL
316.1995 Driving upon sidewalk or bicycle path.--No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
We’ve got a problem. Either we designate every location in which a vehicle crosses a sidewalk a driveway, or the drivers of those vehicles crossing the sidewalk are committing moving violations. It’s illegal to drive across a sidewalk unless you’re on a driveway.
Saturday, February 13, 2010
Hometown Democracy
On 2/16 @ 1:30 there will be a meeting on Hometown Democracy, Janet Stanko will be the speaker.
The meeting will be held in Cortez at the schoolhouse.
This is being held in an effort to explain more about Amendment 4: Florida Hometown Democracy
Regardless of your opinion this would be a helpful forum for blog members to determine if this Amendment will help in our efforts to preserve our city.
Friday, February 12, 2010
Organization that may help us understand steps to be taken to assure codes and regulations are followed.
I have found a group, 1000 Friends of Florida, who appears to be a resource for all types of citizen groups facing problems like ours or environmental encroachment issues, etc. I may be behind and you already know about them but I am passing it along and will also try to reach them on Monday to see what resources we might be able to tap into, if any.
http://www.1000friendsofflorida.org
WELCOME TO MAIN STREET
Frustration was in the air at last nights joint session meeting as the city administration yet again took everyone around in circles.
‘What a mess’, ‘frustrated’, ‘waste of time’, were some of the more polite phrases I heard. There were many others that probably more truly reflected the mood but they are unrepeatable, even on the blog!
There were those who spoke most eloquently and made a great deal of sense - Terry Schaefer, Randall Stover to name but two. Those that made no sense - Sandra Mattick who appears to have missed the fact that it has long been established that there is a parking issue along with Janet Aubry who appeared to be saying let everyone build exactly what they want on their lots. Commissioner Mattick, who continued to argue to the contrary, despite being told by Jim Dye, that in the ROR district mixed use does not necessarily mean ALL uses on one lot.
[Click here to read the rest of this post and pertinent comments thereto:
‘What a mess’, ‘frustrated’, ‘waste of time’, were some of the more polite phrases I heard. There were many others that probably more truly reflected the mood but they are unrepeatable, even on the blog!
There were those who spoke most eloquently and made a great deal of sense - Terry Schaefer, Randall Stover to name but two. Those that made no sense - Sandra Mattick who appears to have missed the fact that it has long been established that there is a parking issue along with Janet Aubry who appeared to be saying let everyone build exactly what they want on their lots. Commissioner Mattick, who continued to argue to the contrary, despite being told by Jim Dye, that in the ROR district mixed use does not necessarily mean ALL uses on one lot.
[Click here to read the rest of this post and pertinent comments thereto:
Thursday, February 11, 2010
Champagne Wishes and Site Plan Dreams
By Bill Yanger
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.
Hello Sunshine. Still hungover?
What?
Superbowl. Remember…Miami? Key Largo? Your Colts got slapped around a bit, buddy. You found solace with some guy named Jose Quervo at the hotel Tiki Bar when we got back there after the game.
Yeah, I paid the price and paid the tab, too.
That was the bet. Your bet, big shot, remember? Colts lost, so the tab was yours.
Yeah, but then you snuck those bottles of Dom Perrignon on the tab when I wasn’t looking.
Toasted the Saints with a fine glass of champagne and like 20 other Nawlin’s fans. Needed three bottles. You were busy whining some sob story to a wooden mermaid hanging on the wall next to the bar about how the Colts broke your heart like a cheating lover…funny stuff.
Wooden mermaid? Oy. She was awful quiet. And she didn’t drink much.
Don’t think you woke up till Tuesday. I know you don’t remember the drive home Monday. Surprised you’re here today.
I’m fine. But I should get a lawyer and sue you for those bottles of champagne…not cool. They’re like a hundred bucks per…
…and worth every dime.
My dimes.
Yes, a lot of your dimes, heh heh. So Perry Mason, under what theory would you sue me? Unlawful collection of a bet from a weeping friend of Jose Quervo? You knew the deal, you made the bet. You lost. You paid.
That’s your interpretation. I see it differently. The rules were that the loser pays the Tiki bar tab. You ran the tab up after the game and after you’d already won the bet. You’re just slanting the rules to suit your position.
Rules? It was a simple bet. You lost. Get over it. But I’m sure you can pay some lawyer at 1-800-WE SUE 4 U to take the case and bark at me about it.
I can and I should.
Great! Then I could go get one who I’d pay to see things my way. They could just bark at each other and kill a few trees sendin’ letters.
Kinda like the City’s lawyer and all those lawyers for the people near the Sandbar and now down in the banyan trees on Park. And of course, there’s always the lady lawyer for PAR too. Quoting law cases, attorney general opinions, whatever those are, and statutes, always the statutes…stomping their feet and threatening to sue the City…then billing a mullet net-full of cash by the hour. Great work if you can get it.
Yeah, well, seems that’s what lawyerin’ is you know. Get paid to look up a bunch of laws and facts, cherry pick the ones that help, stuff the one’s that don’t back in your briefcase, then spout off about how your client is a victim of political retribution. It’s called advocating.
Doesn’t seem real fair though, does it?
Huh?
Doesn’t seem fair. The City’s lawyer…well I guess he’s our lawyer since it’s our dollars that pay him…he can’t really be…uh…what’d you call it?
Advocating?
Yeah, he can’t really be advocating, can he? I mean, he can’t cherry pick…like you said…the laws and the facts. The City ain’t paying him to spout off, we’re payin’ him to keep us outta trouble, right? He can’t stuff the bad news back in his briefcase. And if that means he’s gotta give us news we don’t want to hear, well…that’s just the way it is. Doesn’t seem like the fun side to be representing.
It’s fun if you know you’re right.
Think he knows he’s right?
Got me. Haven’t heard him take a position on it lately. You?
Nope and there’s a P&Z and City Commission love fest this week that’ll be a waste of time unless he let’s the City know whether the sloop they’re sailing is seaworthy or it has a nasty little leak.
Think the sloop’s leakin’?
No, but then I’m no lawyer. You’d think if there was a leak he’da let us all know by now so somebody could start bailing.
So, no news is good news?
Uhn uh. No news is just no news. But the clock’s tickin’ and it seems we better hear something from him pretty soon. In a couple weeks, P&Z’s gotta give the thumbs up or down on a site plan that'll affect every other site plan from here on out, you know?
Or they could punt. Hard to know which door to take when you’re walking around in the dark. They could tell our lawyer they need some answers before they make any decisions that’ll change what this town’ll look like when my grandson is sitting here on this little pier talking to your grandson about it.
You’re right. Seems pretty clear that as much as that PAR lawyer wants to make it about them and gripe about political retribution, this decision, who will make it, and what they’ll rely on to make it, really is about something a lot bigger than one site plan. Yep, pretty important stuff.
Bet you hope your grandson will be better at picking Super Bowl winners by then than you are.
And I hope your grandson learns to pay for his own damn champagne.
Oh, get over it.
I’m over it. See you tomorrow.
Yeah, tomorrow.
© 2010-William L. Yanger
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.
Hello Sunshine. Still hungover?
What?
Superbowl. Remember…Miami? Key Largo? Your Colts got slapped around a bit, buddy. You found solace with some guy named Jose Quervo at the hotel Tiki Bar when we got back there after the game.
Yeah, I paid the price and paid the tab, too.
That was the bet. Your bet, big shot, remember? Colts lost, so the tab was yours.
Yeah, but then you snuck those bottles of Dom Perrignon on the tab when I wasn’t looking.
Toasted the Saints with a fine glass of champagne and like 20 other Nawlin’s fans. Needed three bottles. You were busy whining some sob story to a wooden mermaid hanging on the wall next to the bar about how the Colts broke your heart like a cheating lover…funny stuff.
Wooden mermaid? Oy. She was awful quiet. And she didn’t drink much.
Don’t think you woke up till Tuesday. I know you don’t remember the drive home Monday. Surprised you’re here today.
I’m fine. But I should get a lawyer and sue you for those bottles of champagne…not cool. They’re like a hundred bucks per…
…and worth every dime.
My dimes.
Yes, a lot of your dimes, heh heh. So Perry Mason, under what theory would you sue me? Unlawful collection of a bet from a weeping friend of Jose Quervo? You knew the deal, you made the bet. You lost. You paid.
That’s your interpretation. I see it differently. The rules were that the loser pays the Tiki bar tab. You ran the tab up after the game and after you’d already won the bet. You’re just slanting the rules to suit your position.
Rules? It was a simple bet. You lost. Get over it. But I’m sure you can pay some lawyer at 1-800-WE SUE 4 U to take the case and bark at me about it.
I can and I should.
Great! Then I could go get one who I’d pay to see things my way. They could just bark at each other and kill a few trees sendin’ letters.
Kinda like the City’s lawyer and all those lawyers for the people near the Sandbar and now down in the banyan trees on Park. And of course, there’s always the lady lawyer for PAR too. Quoting law cases, attorney general opinions, whatever those are, and statutes, always the statutes…stomping their feet and threatening to sue the City…then billing a mullet net-full of cash by the hour. Great work if you can get it.
Yeah, well, seems that’s what lawyerin’ is you know. Get paid to look up a bunch of laws and facts, cherry pick the ones that help, stuff the one’s that don’t back in your briefcase, then spout off about how your client is a victim of political retribution. It’s called advocating.
Doesn’t seem real fair though, does it?
Huh?
Doesn’t seem fair. The City’s lawyer…well I guess he’s our lawyer since it’s our dollars that pay him…he can’t really be…uh…what’d you call it?
Advocating?
Yeah, he can’t really be advocating, can he? I mean, he can’t cherry pick…like you said…the laws and the facts. The City ain’t paying him to spout off, we’re payin’ him to keep us outta trouble, right? He can’t stuff the bad news back in his briefcase. And if that means he’s gotta give us news we don’t want to hear, well…that’s just the way it is. Doesn’t seem like the fun side to be representing.
It’s fun if you know you’re right.
Think he knows he’s right?
Got me. Haven’t heard him take a position on it lately. You?
Nope and there’s a P&Z and City Commission love fest this week that’ll be a waste of time unless he let’s the City know whether the sloop they’re sailing is seaworthy or it has a nasty little leak.
Think the sloop’s leakin’?
No, but then I’m no lawyer. You’d think if there was a leak he’da let us all know by now so somebody could start bailing.
So, no news is good news?
Uhn uh. No news is just no news. But the clock’s tickin’ and it seems we better hear something from him pretty soon. In a couple weeks, P&Z’s gotta give the thumbs up or down on a site plan that'll affect every other site plan from here on out, you know?
Or they could punt. Hard to know which door to take when you’re walking around in the dark. They could tell our lawyer they need some answers before they make any decisions that’ll change what this town’ll look like when my grandson is sitting here on this little pier talking to your grandson about it.
You’re right. Seems pretty clear that as much as that PAR lawyer wants to make it about them and gripe about political retribution, this decision, who will make it, and what they’ll rely on to make it, really is about something a lot bigger than one site plan. Yep, pretty important stuff.
Bet you hope your grandson will be better at picking Super Bowl winners by then than you are.
And I hope your grandson learns to pay for his own damn champagne.
Oh, get over it.
I’m over it. See you tomorrow.
Yeah, tomorrow.
© 2010-William L. Yanger
Wednesday, February 10, 2010
INTIMIDATION AND OBFUSCATION BY PAR
Here we go again! There is no substance to their claims - they know they don't have a prayer in court. Let them go ahead and sue.
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[Note from site administrator: The following is the text of a letter from the legal counsel for Pine Avenue Restoration to Anna Maria City Attorney James Dye.]
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[Note from site administrator: The following is the text of a letter from the legal counsel for Pine Avenue Restoration to Anna Maria City Attorney James Dye.]
A t t o r n e y a t L a w
February 9, 2010
VIA E-MAIL and HAND DELIVERY
James D. Dye, City Attorney
City of Anna Maria
Dye, Dietrich, Petruff & St. Paul, P.L.
111 3rd Avenue West
Suite 300
Bradenton, FL 34206
Re: Chapter 90 of the City’s land development regulations (LDR’s) and the
Comprehensive Plan Consistency Requirement
Dear Mr. Dye:
On February 11th, there will be a joint session of the City Commission and the Planning and Zoning Board to discuss Commissioner Harry Stoltzfus’ opinion that if off-street parking requires the use of public right of way for ingress and egress, it violates Section90.3 (m) of the City Code (“Ordinance”) which states that:
February 9, 2010
VIA E-MAIL and HAND DELIVERY
James D. Dye, City Attorney
City of Anna Maria
Dye, Dietrich, Petruff & St. Paul, P.L.
111 3rd Avenue West
Suite 300
Bradenton, FL 34206
Re: Chapter 90 of the City’s land development regulations (LDR’s) and the
Comprehensive Plan Consistency Requirement
Dear Mr. Dye:
On February 11th, there will be a joint session of the City Commission and the Planning and Zoning Board to discuss Commissioner Harry Stoltzfus’ opinion that if off-street parking requires the use of public right of way for ingress and egress, it violates Section90.3 (m) of the City Code (“Ordinance”) which states that:
Tuesday, February 9, 2010
Attention – Feb. 11, 2010, 6 p.m. Joint Commission & P&Z Board Meeting
This Thurs. Feb. 11, 2010 at 6 p.m. (not 7 p.m.) the City Commission and the P&Z Board will have a joint work session meeting entitled Review of Chapter 90 – Internal Traffic Circulation and Access. The agenda items will be:
a. Recommendations from Safety Committee Regarding Minimizing Safety Hazards with Vehicles Backing Out Across Sidewalks in ROR District.
b. Review of Chapter 90.
In a nutshell – what do ‘we’ people of Anna Maria want our City to look and feel like? How do we want it to function? When you drive down the narrow main streets of our city, along Pine Ave. and Gulf Dr., do you want to see the tail ends of parked cars backing out towards the street across the entire frontage of commercial properties along the length of the business district?
OR do you want to see limited driveway openings leading to small parking areas on the business properties (like the Sun Plaza at Magnolia and Gulf) where there is a proper driveway leading to on-site parking with a pretty hedge safely separating cars from a safer and more ‘walkable’ pedestrian sidewalk. (I think that is what Chapter 90 basically says already; it should be applied.)
Work session meetings are always important. Consensus is often taken for code revision ‘language’. The public will be allowed to comment. This is a big deal. This code will define the main streets of our beach town! See you there on Thurs. at 6 p.m.!
a. Recommendations from Safety Committee Regarding Minimizing Safety Hazards with Vehicles Backing Out Across Sidewalks in ROR District.
b. Review of Chapter 90.
In a nutshell – what do ‘we’ people of Anna Maria want our City to look and feel like? How do we want it to function? When you drive down the narrow main streets of our city, along Pine Ave. and Gulf Dr., do you want to see the tail ends of parked cars backing out towards the street across the entire frontage of commercial properties along the length of the business district?
OR do you want to see limited driveway openings leading to small parking areas on the business properties (like the Sun Plaza at Magnolia and Gulf) where there is a proper driveway leading to on-site parking with a pretty hedge safely separating cars from a safer and more ‘walkable’ pedestrian sidewalk. (I think that is what Chapter 90 basically says already; it should be applied.)
Work session meetings are always important. Consensus is often taken for code revision ‘language’. The public will be allowed to comment. This is a big deal. This code will define the main streets of our beach town! See you there on Thurs. at 6 p.m.!
Sunday, February 7, 2010
Just when you thought
beachside McMansions could not get any McGrosser, along comes this waterfront masterpiece at the end of Sycamore. It replaced the old log cabin beach house we all admired over the years and flocked to after every storm to see which way it was leaning after flooding for the umpteenth time!
Begs an obvious question: Do you think we need an architectural review board after all? Just for fun, let's see who can come up with the best reason for the out-building to the right being painted purple. And while you're at it, see if you can come up with an accurate count of the number of different patterns in the railings and along the columns! (Click on the photo to see it up close in all its architectural splendor.) What were/are they thinking?
Thursday, February 4, 2010
Boomp Dalla Boomp Dang Ding
By Bill Yanger
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.
Yes it is, yes…it…is. So I guess you were right.
Right?
Yeah, you told me about the folks from England splitting with PAR like weeks ago.
I did not.
Did so.
Nope, I told you to go find out for yourself, like a real reporter, back when you were gonna be the next Woodward and Bernstein.
Don’t exaggerate. I can’t be both guys, duh.
You know what I mean. Why’re you bringing it up now?
Cuz you were right. And that newspaper finally had a story on it the other day…two weeks after you…uhh…hinted about it and a week after the nice English lady had to write them a letter to let them know they got it wrong, again.
Well, it was nothin’ I did. Information’s out there. Just gotta go get it.
Hey, you like jazz right?
Jazz?
Yeah, jazz. Like Thelonius Monk, Stan Getz, John Coltrane.
I’ll listen if someone plays it but can’t say I’m an aficionado, no.
Love that stuff…bump de bump padda boomp dalla boomp dang ding…
Yeah, more like thelonius stunk coming from you. What’s the deal with this jazz stuff?
Going to The Sandbar for that Jazz Fest. Way cool. Sandbar does it right. Great music, some tasty nibbles, a few cocktails. They’re raising money for the Historical Society. Gonna try to chat up their executive director lady. She’s kinda cute.
She’s married, twerp.
Hey, no harm no foul. So am I. Just bein’ friendly.
I went by the Historical Society a while back. Well done. Some really interesting old stuff in that place.
True. You could be an exhibit.
At least I’m interesting. So you going to this Jazz thing alone?
No. Sister’s in town. Tryin’ to show her around…see the sights. You know, all the Anna Maria things to give her a feel for our town.
Take her to a P&Z meeting. Or maybe that Parking Safety Committee, they meet pretty soon. Riveting stuff.
She’s not real political.
I was kidding, genius. Hey, I got it! You could watch “Dodge A Pedestrian” down on Pine Avenue or “Crosswalk Roulette” over at Magnolia and Gulf.
Seriously, I want her to see why I love this place so much.
Well heck, that’s easy. Take her to Bean Point at sunset and watch a ga-zillion seabirds settle in their nesting grounds right there in the dunes or watch the rest wing it to Passage Key out towards Egmont. Look a little further to the right and watch the Don Cesar on Passa Grille turn as pink as a baby’s nose. You can almost hear the steel drums on the cruise ships heading out off Fort Desoto. Then, when the light hits the roof of Tropicana Field just right, it looks like a giant mushroom growing under the skyscrapers in downtown St. Pete. And that low warm light turns the Skyway Bridge into an immense magical yellow harp waiting to be played by the gods. Nothing like it in the world. It’ll soothe what ails you. Does me.
Love Bean Point. You know, it’s my center. Great idea…but there’s a problem.
Problem?
She’s in a wheelchair most of the time. Tough to get out on the beach.
Then what about the City Pier? Great view. Cold beer.
Have you ever tried to wheel a wheel chair out on the City Pier?
Uh, no.
Guess it’s possible but I’d rattle her crowns loose before I got to the yellow cast-net line half way out.
Wow, never thought about that. Probably right. I wonder how many other folks don’t go out there for the same reason. It’s a hike on good knees.
Yep, and that’s just one reason why that lady commissioner’s idea about the boardwalk thingy is kinda cool.
Boardwalk thingy?
Yeah, she wants to put up boardwalk, you know, like Coney Island only different, that’ll run along the bay both ways from the pier. Has a nice covered trolley stop too. Tell me that won’t be a godsend in an August thunder boomer.
Nice idea but big bucks dude.
Wrong-o buster. She spent a bunch of time and effort getting a bucket full of Tallahassee money, like 800 grand, to build the thing. Had umpteen meetings here about it. Now just needs to see that it gets done.
So, is there a problem?
Not yet, but some folks with a say-so have been less than enthusiastic lately. Now that she got the money and it looks like it could happen, questions are starting to bubble up. Nobody’s saying “No” but they ain’t saying yes yet either. Wanna see more details.
Guess it has to run its bureaucratic course like everything else around here. But that’s $800,000 of found money. How they gonna turn that down?
Hope they don’t. It’d clean up and organize that sand pit of a parking lot in both directions. Be nice for folks to enjoy the view even if the pier isn’t for them. I’m thinking of you my friend. A few years and you’re officially an old fart with two bad knees.
Me? Hah. Strong like bull.
Bull is the appropriate description, for sure...bewop debop ding bamba ding…Why don’t you hit the Sandbar with us later. You could use some jazz’n up.
I may do that, if you promise to listen and not sing.
See you there, if not, see you tomorrow.
Yeah, there or tomorrow.
© 2010 – William L. Yanger
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.
Yes it is, yes…it…is. So I guess you were right.
Right?
Yeah, you told me about the folks from England splitting with PAR like weeks ago.
I did not.
Did so.
Nope, I told you to go find out for yourself, like a real reporter, back when you were gonna be the next Woodward and Bernstein.
Don’t exaggerate. I can’t be both guys, duh.
You know what I mean. Why’re you bringing it up now?
Cuz you were right. And that newspaper finally had a story on it the other day…two weeks after you…uhh…hinted about it and a week after the nice English lady had to write them a letter to let them know they got it wrong, again.
Well, it was nothin’ I did. Information’s out there. Just gotta go get it.
Hey, you like jazz right?
Jazz?
Yeah, jazz. Like Thelonius Monk, Stan Getz, John Coltrane.
I’ll listen if someone plays it but can’t say I’m an aficionado, no.
Love that stuff…bump de bump padda boomp dalla boomp dang ding…
Yeah, more like thelonius stunk coming from you. What’s the deal with this jazz stuff?
Going to The Sandbar for that Jazz Fest. Way cool. Sandbar does it right. Great music, some tasty nibbles, a few cocktails. They’re raising money for the Historical Society. Gonna try to chat up their executive director lady. She’s kinda cute.
She’s married, twerp.
Hey, no harm no foul. So am I. Just bein’ friendly.
I went by the Historical Society a while back. Well done. Some really interesting old stuff in that place.
True. You could be an exhibit.
At least I’m interesting. So you going to this Jazz thing alone?
No. Sister’s in town. Tryin’ to show her around…see the sights. You know, all the Anna Maria things to give her a feel for our town.
Take her to a P&Z meeting. Or maybe that Parking Safety Committee, they meet pretty soon. Riveting stuff.
She’s not real political.
I was kidding, genius. Hey, I got it! You could watch “Dodge A Pedestrian” down on Pine Avenue or “Crosswalk Roulette” over at Magnolia and Gulf.
Seriously, I want her to see why I love this place so much.
Well heck, that’s easy. Take her to Bean Point at sunset and watch a ga-zillion seabirds settle in their nesting grounds right there in the dunes or watch the rest wing it to Passage Key out towards Egmont. Look a little further to the right and watch the Don Cesar on Passa Grille turn as pink as a baby’s nose. You can almost hear the steel drums on the cruise ships heading out off Fort Desoto. Then, when the light hits the roof of Tropicana Field just right, it looks like a giant mushroom growing under the skyscrapers in downtown St. Pete. And that low warm light turns the Skyway Bridge into an immense magical yellow harp waiting to be played by the gods. Nothing like it in the world. It’ll soothe what ails you. Does me.
Love Bean Point. You know, it’s my center. Great idea…but there’s a problem.
Problem?
She’s in a wheelchair most of the time. Tough to get out on the beach.
Then what about the City Pier? Great view. Cold beer.
Have you ever tried to wheel a wheel chair out on the City Pier?
Uh, no.
Guess it’s possible but I’d rattle her crowns loose before I got to the yellow cast-net line half way out.
Wow, never thought about that. Probably right. I wonder how many other folks don’t go out there for the same reason. It’s a hike on good knees.
Yep, and that’s just one reason why that lady commissioner’s idea about the boardwalk thingy is kinda cool.
Boardwalk thingy?
Yeah, she wants to put up boardwalk, you know, like Coney Island only different, that’ll run along the bay both ways from the pier. Has a nice covered trolley stop too. Tell me that won’t be a godsend in an August thunder boomer.
Nice idea but big bucks dude.
Wrong-o buster. She spent a bunch of time and effort getting a bucket full of Tallahassee money, like 800 grand, to build the thing. Had umpteen meetings here about it. Now just needs to see that it gets done.
So, is there a problem?
Not yet, but some folks with a say-so have been less than enthusiastic lately. Now that she got the money and it looks like it could happen, questions are starting to bubble up. Nobody’s saying “No” but they ain’t saying yes yet either. Wanna see more details.
Guess it has to run its bureaucratic course like everything else around here. But that’s $800,000 of found money. How they gonna turn that down?
Hope they don’t. It’d clean up and organize that sand pit of a parking lot in both directions. Be nice for folks to enjoy the view even if the pier isn’t for them. I’m thinking of you my friend. A few years and you’re officially an old fart with two bad knees.
Me? Hah. Strong like bull.
Bull is the appropriate description, for sure...bewop debop ding bamba ding…Why don’t you hit the Sandbar with us later. You could use some jazz’n up.
I may do that, if you promise to listen and not sing.
See you there, if not, see you tomorrow.
Yeah, there or tomorrow.
© 2010 – William L. Yanger
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