CORTEZ – What does a dead grouper have in common with a falsified financial document?

That’s the question that the U.S. Supreme Court will consider when it hears the appeal of commercial fisherman John Yates.

The high court announced Monday morning that it would consider Yates’ appeal of his 2011 conviction in Fort Myers federal court of disposing of evidence to prevent seizure and destroying evidence to impede or obstruct a federal investigation.

Fisheries officers testified at trial that in the 2007 arrest, they boarded the “Miss Katie” in federal waters in the Gulf of Mexico, found 72 undersized red grouper and told Yates, then 59, to leave the fish on board as evidence and return to Cortez, where the fish were to be seized.

Three fish were missing when the catch was counted at the dock, accounting to court records.

The U.S. Attorney’s office prosecuting the case charged Yates under a federal statute prohibiting destruction of evidence. The statute was passed in response to the corporate accounting fraud of Enron, which led to its bankruptcy and infamy as the “Enron scandal.”

“Yates was charged under a corporate fraud statute intended to safeguard investors in public corporations,” said Yates’ attorney, John Badalamenti, adding that there is no distinction in the law between 69 and 72 undersized fish, and therefore no reason to dispose of three.

In granting Yates’ writ of certiorari, the court said it will consider whether Yates was notified by the officers that destroying fish would be a violation of the statute, which states: “Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”

Yates served 30 days.

The court’s decision to hear the appeal “is an excellent development for Mr. Yates,” Badalamenti said on Monday.

The primary issue is whether the term “tangible object” applies to fish, since the term was not defined by Congress when it wrote the statute, and appears in reference to recordkeeping, not fishing, he said, adding that the lower court ruled that fish are “tangible objects.”

“The case is really about when Congress doesn’t define a term; do you look at the dictionary or do you look at it in the context of the statute?” he said. “Fish are not like documents, they’re just fish.”

Yates said he was advised by his attorney not to comment on the proceedings. He maintained at trial that the fish were not measured correctly.

His wife, Sandy Yates, said that if the appeal is successful, they plan to sue for wrongful prosecution.

The case will be scheduled for hearing in October or November, Badalamenti said.

 

ANNA MARIA – Officials are waiting for word from the District 12 Coroner’s Office as to the cause of death of Henry West hicks, 60, a Tampa attorney who lived in Anna Maria and died apparently while retrieving the anchor to his 27-foot boat approximately three miles west of Anna Maria Island on Saturday, around 4:15 p.m.

According to officer Baryl Martin, from the Florida Fish and Wildlife Commission, Hicks was with his wife, Christine, when the incident occurred. His organization won’t issue a final report until the coroner’s office releases the cause of death, and a person at the coroner’s office said the report might take days to be issued.

A North Carolina native, according to his business website, Hicks owned a real estate law office in Tampa specializing in residential and commercial real estate. He also owned Titlemark of South Florida LLC, a title insurance agency. He had practiced law in the Tampa Bay area for more than 30 years. He was a 1978 graduate of the University of North Carolina at Chapel Hill, according to his LinkedIn page.

According to Manatee County records, Hicks bought his canal-front home in the city of Anna Maria in 2001.

ANNA MARIA – As the name suggests, food and wine are the stars at the annual Food and Wine on Pine event set for Saturday, May 3, from 11 a.m. to 6 p.m. on Pine Avenue in Anna Maria.

Visitors can eat and drink their way down Pine Avenue, enjoying a variety of fresh, local Florida foods provided by 25 restaurants, 30 varietals of wine from various suppliers and a selection of beers and craft beers sponsored by JJ Taylor.

Food

• Arts and Eats, Bradenton: sesame noodles, spring rolls, lotus chips;
• Blue Marlin, Bradenton Beach: lobster and shrimp ceviche, oysters;
• Two Scoops, Anna Maria: waffle wedges, strawberries with whipped cream, raspberry sorbet;
• The Feast, Holmes Beach: lobster salad, coconut shrimp, Feast chimichurri;
• Slims, Anna Maria: lobster mac and cheese, gazpacho;
• Moore’s Stone Crab, Longboat Key: shrimp scampi, crab and lobster bisque;
• Sandbar, Anna Maria: red curry swordfish, Cajun oysters and hot dogs;
• BeachHouse, Bradenton Beach: sautéed shrimp with a fried risotto cake;
• Mar Vista Dockside, Longboat Key: gourmet tater tots, shrimp and grits and chicken fingers for kids;
• Duval's New World Cafe, Sarasota: chicken salad wraps, lobster salad wraps, pineapple spice sparkler;
• Pizzica Italian Imports, Safety Harbor: skewers of mountain grass-fed lamb;
• Island Spice, Bradenton Beach: chicken tandoori, Indian vegetable combo, samosa;
• Riverhouse Reef and Grill, Palmetto: kickin’ shrimp, Green Goddess shrimp, lobster corn chowder;
• Ezra's, Bradenton: Israeli couscous and quinoa salad with chilled shrimp, triple chocolate chip cookies;
• Anna Maria Oyster Bar, Bradenton: seafood fondue with crusty baguette;
• Soma Creekside, Bradenton: Hawaiian chicken sliders and conch and lobster fritters with spicy remolaude;
• Stonewood, Bradenton: fresh garlic and rosemary lamb chops, short rib sliders and house-smoked salmon;
• Manatee Technical Institute, Culinary Arts: chilled soup trinity and seared scallops with a citrus beet vinaigrette;
• Melt & Co: gourmet grilled cheeses and homemade lemonade;
• Old Heidelberg Bakery, Sarasota: pretzels, puff pastry, Danish pastry, muffins, cookies;
• Sugar Cubed: colossal chocolate chipped cookies, key lime tarts, iced teas, iced coffees;
• Paradise Gardens: jams, jellies, hot sauces and honey;
• Pop Craft: gourmet all natural popsicles;
• Soiree Wine Jellies: wine, beer and cocktail jams and jellies.

Craft beers

JDubs, Sarasota; Cigar City, Tampa; Sam Adams, Boston, Mass.; Sierra Nevada, Chico, Calif.; New Belgium, Fort Collins, Colo.; 10th & Blake, Colorado and Wisconsin.

Wines

• Southern/Transatlantic: Roederer Estate Champagne, Trefethen Riesling, Cotes De Provence Rose;

• Premier/Noble: Martini Rossi Asti, Murphy Goode Cabernet, Murphy Goode Merlot, Gruner Veltiner, Cambria Pinot Noir, Cambria Chardonnay;

• Stacole: Lola Pinot Noir, Lola Chardonnay, Lola Riesling;

• Republic National: St. Suprey Sauvignon Blanc, St. Suprey Chardonnay, J. Lohr Cabernet, Robert Hall Viognier, Robert Hall Merlot;

• Johnson Brothers: Louis Martini Cabernet, Copper Ridge Pinot Grigio, Copper Ridge White Zinfandel;

• Masciarelli: Montepulciano, Gavi Di Gavi, Minini Pinot Grigio.

The event

The entry fee is $2 with children under 12 admitted free. Tickets for food and beverages are $1 each. Wines by the 6-ounce glass and 12-ounce craft beers are available for five tickets each. IDs are required for alcohol purchase.

The Rotary Club of AMI and Bright House Networks sponsor a Kentucky Derby tent, aka Pine Avenue Downs, at the corner of Pine Avenue and North Shore Drive. It will have big screen TVs showing a live simulcast of the events leading up to the race, chance betting and a bar with signature Derby drinks.

There will be a Derby Hat Contest sponsored by the Island Sun. To participate, come to the Derby Tent to register and have your picture taken by 3 p.m. Pictures will be posted in the tent.

At 4:30 p.m., contestants will meet at the Derby Tent, where the crowd will judge and winners will be announced at 5 p.m. Prizes for first and second place will be gift certificates for area shops and restaurants.

Event parking at the Island Community Center and at CrossPointe Fellowship is free with free trolley rides to Pine Avenue.

ANNA MARIA – Youths will have a great time at Food and Wine on Pine in the kids’ area across the street from Roser Church.

“There will be Nickelodeon style games including eating chocolate covered donuts off a string, watermelon grinding, blowgun marshmallow shooting, grubbing and fishing, guess the gross item, plastic darts, ball throwing games and a bell ringing game,” said Pastor Ed Moss, of CrossPointe Fellowship, which sponsors the game area.

“We’re trying to offer old-fashioned type games.

And, of course, kids who win games get to slime a person.”

In addition kids can paint Tom Sawyer’s fence and participate in art projects in the art tent nearby.

Island Historical Museum

Carolyne Norwood will sign copies of her two Island history books from 11 a.m. to noon at the Island Historical Museum, 402 Pine Ave. Books are “The Early Days” and “Tales of Three Cities.”

Roser Memorial Chapel

The chapel, which celebrated its centennial in 2013, will be open for prayer and historical information from 11 a.m. to 5 p.m. Stop by and ask about what Fig Newtons have to do with this beautiful chapel at 512 Pine Ave.

The historical book “Our Church And How It Grew And Grew And Grew” was published for the centennial and details the history of the church. It will be for sale along with centennial mugs and other memorabilia.

BRADENTON BEACH – The sealed bids for the city pier reconstruction project were opened on Monday, April 21.

Taking place in the Tingley Memorial Library meeting room, the bid opening process conducted by City Clerk Jamie Anderson took less than less than 10 minutes, with the bids ranging from $1.2 million to $1.8 million.

Miami-based PAC Comm Inc. submitted the lowest bid, at $1,202,140; followed by Tampa Bay Marine, at $1,237,487; and Pembroke Park-based Shoreline Foundation Inc.; at $1,258,543.

Sarasota-based Duncan Seawall bid $1,309,452 and Houston, Texas-based Russell Marine bid $1,854,625.

Representatives from Duncan Seawall, Russell Marine and Tampa Bay Marine attended the bid opening, joined by ZNS Engineering representative Karen Wilson, Building Official Steve Gilbert and City Commissioner Jack Clarke, who serves as the commission’s Pier Team liaison. PAC Comm and Shoreline Foundation were not represented at the meeting.

After the bid documents were opened, the three construction representatives left without comment.

Wilson then explained that ZNS, as the firm contracted by the city to create the request for proposal (RFP) and the invitation to bid, would review the bids and make a recommendation to the Pier Team. The Pier Team will then review the ZNS recommendation and make a recommendation to city commissioners for their approval.

“We’re looking at about a week to 10 days,” Wilson said of the ZNS evaluation process.

The next Pier Team meeting is scheduled for Wednesday May 7.

Gilbert said contractor-suggested value engineering and other factors could result in a contracted price that differs slightly from the bid submitted. The signed contract will also include provisions for change orders and other potential cost variations.

Wilson said price is a primary consideration, but construction experience, history with the city, the geographical location of the contractor and subcontractors, and the bidder’s estimated date of completion will also factor into the ZNS recommendation.

“It’s lowest, best, responsive bidder,” she explained.

“The process of awarding the winning bidder is to determine who’s the best contractor to do this particular job for us. We got five bids back, and I think from those five we should have a qualified contractor that will do a good job,” Gilbert said.

According to Gilbert, the $1.2 million price range quoted by three of the bidders is about what city officials expected.

Work on the pier is expected to begin in early June. Gilbert and Wilson both pointed out that the project is weather dependent and coincides with the start of hurricane season.

The RFP created by ZNS on the city’s behalf did not include a desired completion date.

“Time is of the essence, and we asked the contractors to plug in their proposed completion date,” Wilson said.

The city will receive up to $1 million in matching funds from the Manatee County Tourist Development Council and the city’s share of the costs will come from the Community Redevelopment Agency fund that currently has a $1.6 million balance.

HOLMES BEACH – Commissioner David Zaccagnino presented a parking control plan last week that includes taking control of the public beach and issuing parking passes to all Manatee County residents

“It’s clear the public wants something to be done,” Zaccagnino stressed. “I’m fed up with the TDC (Manatee County Tourist Development Council),” which he said has funded sports tournaments, a power boat race and a film festival, but has ignored the Island cities’ requests for help.

He said Phase I of his plan includes taking control of the public beach by rezoning it from recreation to preservation.

“I want whatever’s there to stay there,” he said. “I don’t want to see any expansion unless this commission approves it. That piece of property belongs to the county. They can do whatever they want as long as it follows our building code.

“This will ensure that Holmes Beach decides the future look of Manatee Beach, not a bunch of county commissioners and administration from out east looking to maximize profit.”

Phase II

He said Phase II of his plan is to issue $24 annual parking passes to all county residents, including Island residents, and $120 annual parking passes to non-residents. Golf carts and motorcycles would be half price.

“This would protect all our Manatee County friends, and out of county residents might start using beaches closer to them,” he pointed out.

Parking areas would include all city rights of way and beach accesses. People parking on private property, such as businesses, would be ticketed. The public beach would still be free.

“This is about revenue and if the county and TDC are not going to help us, we have to be proactive and take control of our own destiny,” he declared.

“We have begged and pleaded for years to no avail. We all have to get together and beat the county to the punch.”

He said the money would be split between all three cities, which all must coordinate on the plan. The money could be used for clean up, traffic enforcement, code enforcement, infrastructure improvements and the like.

Comments

Commissioner Jean Peelen asked who owns the public beach.

“The county by deed,” City Attorney Patricia Petruff replied. “We can regulate what happens on the beach and other county recreation property. We have some control through our zoning ordinance and our comprehensive plan.”

Zaccagnino asked Public Works Supervisor Tom O’Brien what limits there are on property designated as preservation. O’Brien said any change to the property would require a comprehensive plan amendment, while a recreation designation allows facilities to be developed.

“It would be difficult to put it in preservation because it’s already been developed,” O’Brien said.

“I would have heartburn about classifying it as preservation because it has been used for recreation all these years.” Petruff agreed.

“My suggestion is to look at the requirements in your public recreation district and strengthen them. That would be a zoning code change and not a comprehensive plan change.”

Chair Judy Titsworth agreed with Zaccagnino and said it would give the city more control over the beach.

However, Peelen pointed out that the county would still have control no matter what the city did with the zoning and added, “Don’t fix what’s not broken. I don’t see the county imposing anything.”

Peelen who sits on the TDC, thanked Zaccagnino for his Island parking pass plan and said the TDC wants the Island cities to come to it united and not as individual cities.

Commissioner Pat Morton thanked Zaccagnino for presenting his ideas.

Mayor Carmel Monti said when he polled commissioners at a recent meeting, they all said they opposed paid parking. He asked if they have changed their minds, and Zaccagnino and Peelen said they had.

HOLMES BEACH – Residents of Key Royale expressed their anger at not being consulted about the installation of a speed cushion on Key Royale Drive in front of Mayor Carmel Monti’s house.

“Forty-one people were stopped today in two hours, which proves that the speed bump is not working; your presence is,” Piroska Planck said to Chief Bill Tokajer. “The residents were never notified.

“It’s creating more problems because someone passed a driver who was driving slowly over it. We want more tickets. Take out the speed bump.”

Tokajer confirmed that officers issued 41 tickets and written and verbal warnings to speeding drivers and the highest speed was 49 mph. The street is marked 25 mph, and that is the speed approved for the speed cushion.

“We’re trying to educate people,” he explained. “People have told me they don’t have a problem with it, but it’s in the wrong location. I’m going to move it a block to the west, and that would keep them from getting up to the high speeds.”

He also said drivers have been honking their horns as they go over the speed cushion to annoy the mayor and that officers stopped three people for violating the noise ordinance – excessive and unnecessary and honking of horns, a $75 fine.

Speed cushion location

“We put it in front of my house so I could take the heat,” Monti pointed out. “I do think it works. It does slow people down. We can’t have a policeman there all the time.”

Tokajer confirmed that and added, “I put it there to get daily feed back. I would rather bother the mayor than a citizen.”

Chair Judy Titsworth said although their intentions were good, they should have notified the residents. She suggested installing a flashing light that tells the driver his/her speed.

However, Commissioner Pat Morton said that was tried in the past and “kids were speeding to see how fast they could go.”

Tokajer said he would reach out to the homeowners’ association to get a larger consensus.

Andy Sheridan, vice president of the Key Royale Homeowners’ Association, said he met with the chief about the speed cushion prior to its installation and informed the board of directors because the only meeting the association has is an annual meeting.

“I did not get any negative feedback from our board,” Sheridan said. “They all know we have a speeding problem.

I did not feel it was necessary to poll the whole association.

“I have stood up before this and previous commissions asking for help with speeding issues, particularly on Key Royale Drive. I cannot believe that we have resident homeowners who have not received the message.”

Crosswalk signs

Titsworth said she feels there are too many signs at the crosswalks since the chief added one in the middle of many of them to complement the two on each side.

Tokajer said the two on the sides are required by Florida Statute and regarding the new signs in the middle of the crosswalks, “I’ve gotten hundreds of e-mails and calls from people saying thank you and that it’s really working.”

Titsworth said the complaints she’s heard are that they create sign pollution, are ugly and people stop when there’s no one in the crosswalk. She also said trucks have a hard time getting by the ones at the marina.

Tokajer said he is considering a flashing light with a push button at that location.

Zaccagnino asked Tokajer to look at the city’s signs and see if any could be eliminated.

Monti said the rental and sale signs create pollution and that the crosswalks signs work and “people like them. Don’t compromise safety.”

Dave Leising of 79th Street, thanked the chief for the new crosswalk signs in the middle of the road and asked why all of the crosswalks don’t have them.

Tokajer said he ordered 10 as a trial and has ordered more for the rest of the crosswalks.

Leising also complained about drivers accelerating as they enter Holmes Beach from Anna Maria, and said, “We seldom see anyone stopped in our neighborhood,” to which Tokajer replied, “You will.”

Sheridan said he wanted “to commend Chief Tokajer for addressing the issues regarding pedestrian safety, speeding, unsafe passing and seatbelt use.”

He asked the commission to consider increasing the police department budget and establishing a dedicated traffic patrol division.

ANNA MARIA – It was a remark by Executive Director Dawn Stiles that precipitated a serious discussion of finances at the Center’s board of directors meeting Friday.

During a review of a new animal policy, Stiles remarked, “I find it interesting that there’s so much attention paid to this and less attention paid to financials.”

This prompted Holmes Beach Commissioner David Zaccagnino to ask, “Is there a problem with the financials we should know about?”

“I’m concerned about the cash flow and the fact all the revenue estimates are under budgeted,” Stiles replied. “Only one event exceeded our estimate – the mystery dinner theater.

“We’ve always depended on donations rather than earned income. We need to flip that and not just rely on donations. We need to bridge that gap.”

Treasurer Stewart Moon Jr. said the budget is currently at a negative $166,568, and the recent Island Affaire made less that budgeted. Chair Scott Rudacille pointed out that donations also are down $51,000, and Stiles said some long time donors are moving off the Island and donating elsewhere.

Rudacille asked about the mortgage payment, and Assistant Executive Director Scott Dell said since last year, they have only been paying the interest of $8,600 per month. Zaccagnino noted that there is a balloon payment due in 2016 and suggested that they refinance.

New ideas needed

“This building doesn’t generate nearly enough money (for what it needs to operate),” board member Jason Sato said. “We have all these empty rooms that aren’t doing anything. I’d like to see a million new ideas to bring in money.”

Moon said Stiles is working on a plan of action. Stiles said she is looking at the past five years to try and identify the successes and problem areas, and Program Director Jennifer Griffith is developing new programs such as dragon boat team, paddle boat and paddle board building classes and senior programs.

Dell pointed out that the Center awarded $326,000 in scholarships in 2012-13, and one of its mottos is that no one is turned away for inability to pay.

“We don’t have a product to sell; we have a service to sell, but our programs and activities have never been able to generate the surplus we need to operate,” Dell said.

“Looking at the overall finances, I don’t think the building will ever totally sustain itself if we’re going to keep true to our motto and give this many scholarships away. If you take away the people who get scholarships, there won’t be programs because the instructors will not have the numbers they need.”

Board member Blair Schlossberg said part of the problem is that most of the board members are younger and raising families and don’t have as much time to devote to the Center as others had in the past. He said they must cultivate new donors and board members for fresh ideas.

Board members agreed to hold a special meeting at 8 a.m. on Friday, May 30, to discuss the financial well being of the Center. Stiles said she would have her plan of action, and Moon and Schlossberg said they would explore refinancing options.