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

2002 City Vision Plan

[Re-posted 8-22-2010 due to inadvertent deletion.]

"Never doubt that a small group of thoughtful, committed citizens can change the world. In fact, it's the only thing that ever has." Margaret Mead.

During three sessions over two weeks, 78 citizens and city officials from Anna Maria actively participated in three public visioning sessions. The purpose of the meetings was to provide opportunity for citizens to share their ideas of where the City of Anna Maria should be going and what the City's vision should be. At its conclusion, the participants had identified a vision statement, five objectives and numerous implementation strategies.

The result was the September 2002 City of Anna Maria Community Vision Plan.

Interestingly one of the objectives was Mobility and Parking.

I have copied a few relevant pages from the Vision Plan which you can read here.


You can see photographs on page 27 - take a close look at image #21 (on-street parallel parking) and then take a look at what the conclusions were for that type of parking on page 25, namely what they disliked in that photograph which was 'on-street parking; lack of adequate parking'.  Then take a look a look at the objectives for parking on page 14 and the 'standards' that we should apply going forward.

I realize this plan is rarely referred to but I wonder why. Many people spent a great deal of time formulating their vision for our City. Perhaps it is time to take another look at it.  If it is followed then the City should be adopting the Citizens Intitiatve Petition and most certainly not the public parking plan which epitomizes exactly what they did not like in the Vision Plan.


--
Posted By  ccami  to  Our Anna Maria. <http://ourannamaria.blogspot.com/2010/08/2002-city-vision-plan_21.html>   at  8/21/2010 06:24:00 PM 

Citizen Initiative Petition Certified Today; Commission On The Clock; Show Up Thursday

The Citizens Parking Initiative was certified by Supervisor of Elections Bob Sweat on Tuesday, August 17, 2010 and signed off by Alice Baird late this afternoon. You can view Mr. Sweat's certification and Baird's acceptance by clicking HERE. Why it took three days to make it from Sweat's office to City Hall is unknown but the clock is now ticking for the City Commission to act on the petition. We discuss the mechanics of that process HERE and will follow its progress closely.

It should be noted that at the recent city commission workshop on Pine Avenue parking Wednesday night, Commissioner Mattick unapologetically discounted the significance of the parking petition and the signatures Mr. Sweat had by then already certified. Further, she made clear her disdain for last November's voter mandate on unchecked development, insinuating that events since the election are an indication that those votes were miscast. We respect her opinion and, because she is unopposed in this election, have little choice but to respect her right to voice it for yet another term in office. But now is the time for each of you to remind her of YOUR opinion and that the signal you sent in last November's election was no fluke. Email her at amcommmattick@cityofannamaria.com and let her know your thoughts.

Understand that in the midst of all of the recall anxiety, late summer doldrums and election anticipation, a parking ordinance drafted by the city planner who is paid by developers and that seeks to dump well over 200 dedicated parking spaces on a few blocks of Pine Avenue is quietly making its way through city hall and will yet again be considered and discussed at City Hall this Thursday August 26th.  Do not rely on others to handle the advocacy for you. Speak your mind individually and in numbers. Show up, folks. The forces seeking to shove this down your throat will be there.

Contact the mayor and your commissioners here:

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

Tell them the same thing you told them last November. They will listen. They must listen.

Stay informed.

Bill Yanger

Coincidence, Minor Leagues and Pickle Ball

By Bill Yanger


They’ve been gone for a while but 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.

Well well. Looky here. I’m seein’ a ghost.

Yeah yeah, go ahead, get all that “where you been hiding”crap over with.

And so?

And so what?

And so, where you been hiding?

Haven’t been hiding. Just been attending to things.

What things? With who?

Who died and made you Oprah Winfrey?

Just asking.Geez.

I’ve been doing stuff more important than shootin’ the bull about a whole lotta nothin’ with old farts like you every morning, that’s what.

Well if you’re trying to hurt my feelings, it’s working.

Boo hoo. Get over it.

Recall Update: Judge To Think About It

After considering nearly 3 hours of arguments from attorneys for Commissioner Harry Stoltzfus and Recall Chairman Robert Carter, Judge Edward Nicholas informed the 50 or so gathered in his courtroom that he will take the matter under advisement and render a decision as quickly as possible. Considering the implications of his decision and his understandable desire to be complete, the delay is not unexpected.

Details will follow but this detail should be mentioned:

After instigating perhaps the City's most divisive period in recent memory, Robert Carter was a no show today.

Wow. Just wow.

Recall Hearing Thursday: It Ain't Over Til It's Over

In case you’ve been otherwise engaged in the business of life and haven’t had time to look up lately, Thursday happens to be a pretty big day in this little town’s history and, perhaps, its future.

At 1:30 p.m. in his downtown Bradenton courtroom, Judge Edward Nicholas will hear arguments from Richard Harrison, Attorney for Commissioner Harry Stoltzfus, and from Fred Moore, attorney for Robert Carter as Chairman of the Recall Committee, as to whether or not Carter’s recall petition is legally sufficient (we assume lawyers for City Clerk Alice Baird and Supervisor of Elections Bob Sweat will not be actively participating since their clients’ roles are not substantively essential to the issues before the Court). The Judge has set aside 3 hours for the hearing and it would not be a stretch to assume the lawyers will use every second of that time.

If you want to bone up on the particulars, Mr. Harrison’s Amended Complaint sets out Commissioner Stoltzfus’s arguments succinctly. Click HERE to read it. If you’d like a more detailed analysis, his appellate brief filed with the Second District Court of Appeals provides an in depth discussion beginning on page 19. You can find it HERE. Mr. Moore has not filed a substantive response since being retained in mid July but Mr. Carter did file a motion to dismiss back in May which you can read HERE. (Update: Mr. Moore filed THIS late Wednesday afternoon. At this late stage we'll just let Judge Nicholas' pen do the talking.)

We’d like to tell you that a ruling Thursday will end the thing, either invalidating the recall petition and nixing the election scheduled for September 7th or confirming the petition’s, and therefore the election’s, validity. But both sides have appeal rights and it could be headed back to the Second District regardless of Judge Nicholas’ ruling.

The materials we’ve linked to above seem to indicate that Judge Nicholas’ decision will be an easy one. But there will be two seasoned advocates in the courtroom doing what they do best so a result is far from a given. We’ll report what we know when we know it. So check back Thursday evening to…

…Stay informed.

Bill Yanger

PAR Sues Its City...Again

For those keeping score since we gave you the low down HERE on the growing list of litigation that's keeping so many lawyers (16 at last count) scurrying around these parts lately, add another notch to the mantle.

Last Friday, PAR filed yet another lawsuit against the City of Anna Maria, this time over the City Commission's July 22nd denial of PAR's 210 Pine Avenue site plan application. It's much the same stuff as the first one PAR filed back in June over the denial of its 308 site plan application.

Valerie Fernandez continues as attorney of record for PAR in the new case.

Citizen's Parking Initiative - No Discretion, No Choice, No Option

Okay, let’s talk a little bit about the Citizen’s Initiative and the bizarre batch of misinformation that circulated just as the initiative committee was prepared to file its 251 signatures with the City last week.

First, get a copy the City Charter by clicking HERE. Go ahead and print it out, it’s only 13 pages and makes for great bedtime reading. It looks to be a hot topic in the coming months so you never know when you’ll need to refer to your copy. Heck, laminate it and whip it out at appropriate conversational moments in the dairy aisle at Publix or over a nice Willemette Valley Pinot Noir with the neighbors. Hit the "Please Read More" link below and join us for the rest...

This Just In: Citizen's Parking Initiative Filed Today

Bearing the heft of 251 signatures, nearly 50 more than required by law, the committee heading up the Citizens Parking Initiative filed its petition today. In anticipation of the filing, committee member Judy Chable addressed the City Commission at its parking workshop Wednesday night. She concluded her remarks by telling the Commissioners, Mayor and gathered citizens that, "we look forward to cooperating fully with City Clerk Alice Baird and Elections Supervisor Bob Sweat as they continue to fulfill their statutory obligations related to this unprecedented intitiative."

You may hear rumblings in the next few days related to the Initiative's inability to be placed on a ballot, should that become necessary. Don't believe everything you hear. The City and The Elections Supervisor have little or no discretion going forward as to how the petition will be handled. Florida law and the City Charter govern their obligations, as cited by Ms. Chable, and they are now on the clock. More on all of this to follow. In the mean time, congratulate the Committee on their hard work. Truly democracy in action.

Stay informed.

If You Can't Beat 'Em, Just Write New Law!

Alan Garrett is Anna Maria’s City Planner. His income is primarily derived from developers and in Anna Maria the list of current developers paying for his services is pretty short. Garrett owns his own business and apparently “consults” for a number of nearby municipalities including Anna Maria, Bradenton Beach and Sarasota. His income is generated by developers developing developments. The more of it there is, the busier he is. Stay with us by hitting the "Please Read More" link below:

Let's Bridge the Gap

My Fellow Anna Marians:

     Hello, I'm Mike Selby. People are asking why I decided to run for Mayor of Anna Maria. I made an eleventh-hour decision to do so because I was at a crossroad—either leave Anna Maria or become more involved because of my love for this city.

     Over the last year or so, I have noticed a change in our city; there have been a lot of ugly and disgraceful happenings, and a lot of discourse over the vision for Anna Maria. This rhetoric has pitted friend against friend, neighbor against neighbor, business against residents and visa versa. And I admit I was part of the rhetoric.

     I believe it is now time to change the tone and to bring our city back to the way it was—the reason why we all decided to move here and make it our home.

     Change is always a “scary” thing, and most of us would prefer “no change”. Reality is that development will and must take place. The issue becomes how to make this development compatible with the residential character of Anna Maria.

     It will probably be said that I am anti-business; anyone who knows me well knows that is not true. I owned my own business for over 30 years, and I understand the trials and tribulations running a business. I can, however, see a more positive way of running a business, which coincides better with the wishes of the residents, not in opposition to them. This would be a “win-win” for everyone, as opposed to the animosity that exists today.

     I feel it is time to “Bridge the Gap” and bring the residents and businesses together to make Anna Maria better than ever.

     That is my goal, and I will do everything I can to accomplish it.

     Share your thoughts with me, please, at: selbyforannamariamayor@gmail.com. I'd love to hear from you. 

Mike