ANNA MARIA – Thousands of people got a taste of the Island’s food, wine, art and music at Food and Wine on Pine last Saturday.

The event, coordinated by the Chiles Group, filled Pine Avenue with tents offering food and drinks plus items for sale and musical acts. Chiles Group Special Events Coordinator Caryn Hodge said they estimated between 8,000 and 10,000 people attended.

“It was our best ever,” Hodge said. “We had people coming from as far as Orlando and a group of daycationers, retirees who came from Tampa.

The variety of things to do included sampling wines and beers from the tents, plus sampling the food from local restaurants and more.

“We had two restaurants from Sarasota who wanted to come,” Hodge said, “Polpo Pizza, serving oven fired pizza from the back of a truck, and Tsunami Sushi and Hibachi Grill.”

Saturday also was Kentucky Derby day, and there were several ladies wearing hats for the occasion at a tent set up by the Rotary Club of Anna Maria Island. There was a contest for best Kentucky Derby hat, which Anna Maria Elementary School teacher Pidge Taylor won. Her hat was adorned with lots of feathers including some from peacocks.

The musical acts ranged from local couples playing folk songs to young singers with their music. There were local favorites like Chuck Caudill, Howie Banfield, Trevor Bystrom and KoKo Ray, and there were big band sounds from the Manatee Concert Band and the Manatee Swing Band.

World War II veterans Bob Zimmerman, 92, (Army Air Corps) and James Kissick, 90 (Navy) sat along the roadside, talking with passers-by.

“The weather was perfect, the best in our five-year history,” Hodge said. “CrossPointe Fellowship did a great job on the kids area.”

Kids enjoyed a lot of activities in the Roser Community Church parking lot, across the street from the church. There were tables and chairs and water for humans and pets in the church’s front yard.

“From one end of Pine Avenue to the other, it was a good time for a lot of people,” Hodge said.

BRADENTON BEACH – City voters will get to decide after all whether Mayor Bill Shearon remains in office or is replaced by Vice Mayor Jack Clarke.

Tuesday afternoon, Judge Gilbert Smith denied a request for a temporary injunction by Shearon campaign worker John Metz, ensuring that the May 19 recall election will take place and that Clarke will remain on the ballot.

“I’m gratified by the court’s decision and I can now focus 100 percent on what I anticipate will be a successful campaign,” Clarke said after the hearing.

On Wednesday morning, Metz filed a notice of voluntary dismissal without prejudice. If that request is accepted by the other parties involved - Clarke and Manatee County Supervisor of Elections Mike Bennett - the suit will be dismissed.

When he issued his ruling, Smith said Metz failed to meet the burden of proof the court requires in order to grant a temporary injunction, which would have halted an election in progress.

Metz’s injunction request was preceded by the lawsuit he recently filed asking for Clarke to be removed from the ballot. His suit also asked Manatee County Supervisor of Elections Mike Bennett to print and distribute new ballots that did not list Clarke as a candidate. Judge Smith granted neither request.

Metz, a retired attorney, represented himself at the injunction hearing. He based his legal argument on the contention that Clarke failed to comply with the state’s resign-to-run law that requires an elected official to submit a pending resignation 10 days before qualifying to run for another elected office.

Clarke’s attorney, Andrea Mogensen, said her client did everything he could to substantially comply with the accelerated qualifying period and election date ordered by Judge Andrew Owens.

Metz later suggested the fault lies with City Attorney Ricinda Perry for presenting Owens with a request for a court order that did not allow for 10 days prior to the start of qualifying, but Smith dismissed that argument.

When Metz called Perry as a witness, Smith said she was not required to testify because he failed to subpoena her or provide advance notice that she would be called. Perry declined Metz’s request, but later testified as requested by Mogensen, who provided proper notice.

Mogensen said Metz was applying the resign-to-run law in a manner not intended by the legislators who adopted it. She said the true intent of the law was to ensure that anyone who wishes to run for a seat being vacated is given time to do so; and the law applies more to the office being vacated than the new office being sought.

Perry supported Mogensen’s argument when she said the city charter states a vacated commission seat is to be filled by commission appointment rather than a special election, which meant no one tried to run for Clarke’s soon to be vacated seat.

When testifying at Mogensen’s request, Clarke was asked how quickly he responded to Owens’ orders.

“I immediately sat down, wrote my letter of resignation and sent it to the city clerk. I feel I substantially complied with the law and it was not my place to question the judge,” he said.

In response to Metz’s earlier inquiries about the origins of his intent to run against Shearon, Clarke told Mogensen and the court that he did not set out to be mayor when he first ran for the commission, but instead viewed himself as a member of the “loyal opposition.”

He said personal observations and public opinion later convinced him to run for mayor, which he planned to do in November.

“I’m the person to succeed the mayor, since there’s obvious dissatisfaction among the voters,” Clarke testified.

When Mogensen asked Bennett about the election now in progress, he said 176 mail ballots had been sent to city voters and 75 to 80 had been returned as ballots cast.

When Mogensen asked if he ever had to invalidate ballots already cast, Bennett said, “Not under my watch.”

County counsel

Before leaving the courtroom, Bennett’s attorney, Chief Assistant County Attorney James Minix, told Metz he put forth a good effort but encouraged him to consider dropping the original suit that remains active.

Outside the courtroom, Minix said, “The supervisor’s position was he wasn’t taking a legal position on the election issues. The denial of the injunction means the supervisor maintains the status quo and the election will go forward.”

In regard to his conversation with Metz, Minix said, “Normally these things are over if you can’t get an injunction. If the election is going to go forward, as the judge has now indicated, what relief are you going to get after the fact? Why not dismiss it?”

Metz spent $450 to file his suit in Sarasota County and an additional $423 refile in Manatee County, where it should have been originally filed.

Attorney’s assessment

After the hearing, Mogensen said, “I’m very pleased, because Judge Smith is correct: the petitioner did not meet the burden of proof that’s sufficient to get an injunction intervening and interfering with the electoral process. The city voters will have their election, they’ll have their candidates and they’ll be able to make their decision. They’ll have a full electoral process and I think that’s great because a significant number of those voters sought to have the special election and took the affirmative steps to create a situation where they would.”

In regard to Metz’s still active suit, Mogensen said she does not anticipate another hearing before the election.

“This is going to direct the outcome of the entire case,” she said of Smith’s ruling.

In regard to a possible post-election challenge, Mogensen said, “There are very limited and extreme instances when the judicial branch would intervene in the electoral process. That was the case before we walked in the door today and that’s case as we’re walking out.”

On a personal note, she said, “Any day that you can protect the Democratic process and the constitutional rights of the people is a great day at work.”

After the hearing, Clarke said, “I cannot speak highly enough of Attorney Mogensen and her paralegal Mr. Barfield. They provided the best possible representation in this case.”

Local impressions that tourism boomed in March, historically the busiest month of the year, were right, according to the most recent Manatee County Tax Collector’s resort tax statistics.

Countywide, resort tax collections were up 4 percent from March 2014, bringing in a record $1.76 million in resort tax collections.

Anna Maria collections were up 8 percent while Bradenton Beach was up 12 percent. Holmes Beach was the only one of the three cities with a decrease in collections, down 6 percent from March 2014.

In March, the three cities on Anna Maria Island accounted for 46 percent of the county’s total, which was down one percentage point from March 2014, when the Island produced 47 percent of the county’s total collections.

Over the past five years, countywide resort tax collections have increased 66 percent from 2010’s total of $1,066,974.

Anna Maria’s March collections were up 228 percent up from March 2010; Bradenton Beach was up 31 percent and Holmes Beach was up 41 percent.

Resort taxes are the primary indicator of tourism; Manatee County’s 5 percent resort tax is collected from owners of accommodations rented for six months or less who charge the tax to tourists.

New estimates show that Florida hosted 98.9 million visitors in 2014, according to VISIT FLORIDA, the state’s tourism agency, a 5.1 percent increase over the previous high of 97.3 million in 2013.

pat copeland | sun

WMFR Commission Chair David Bishop administers the oath of office
to incoming Chief Tom Sousa.

HOLMES BEACH – Island and Manatee County elected and fire officials, family and friends of outgoing West Manatee Fire Chief Andy Price and incoming Fire Chief Tom Sousa attended the Change of Command and Retirement ceremonies last week at Station 1 in Holmes Beach.

Deputy Chief Brett Pollock led the ceremony, which began with the presentation of colors and the pike pole, which has been used by firefighters since the 1600s to pull down ceilings and walls and ventilate structures.

The invocation was given by Cori Rigney, wife of Captain/Training Officer Ben Rigney. Flowers were presented to the wives of the two chiefs, and chief’s coins were presented to Price’s three children and sister. Price then personally greeted each firefighter.

The honor guard passed the district’s colors and pike pole to Price, who passed them to Sousa, relinquishing his responsibility and authority and charging the new chief with the same responsibility and authority.

Pollock said the colors represent the heritage and history of the fire service, as well as the unity and loyalty of its firefighters, and the pike pole symbolizes the office of the fire chief and represents the values of the district – excellence, commitment, courage and compassion.

Sousa’s wife, Annette, pinned the chief’s badge on him, and Fire Commission Chair David Bishop administered the oath of office.
Price thanked everyone for witnessing the district’s first change of command ceremony and said, “It marks a change of leadership for West Manatee Fire and Rescue.

“My tenure as fire chief has been filled with memorable events beginning with my first day as a volunteer, where men and women of this community served others because there was a need.”

He spoke of the changes through the years and thanked the fire commissioners he had worked for as well as Pollock, the battalion chiefs, the administrative staff and Pam Reed, whose husband Brian died in the line of duty.

He welcomed Sousa, a friend for 31 years, into his job and said, “It will be your job to maintain what’s been done, but also to take it to the next level to meet these ever changing needs.

“It also will be your job to take care of those who give of themselves on a daily basis. These men and women give unselfishly every day, and I don’t believe there’s a better group of firefighters, officers and staff.”

Sousa thanked his wife for her support, the board for having confidence in him to lead the organization and the district personnel for supporting him a training officer.

“I want to take the experience and knowledge that I’ve gained as a training officer to the chief’s position. Special thanks to Chief Price for giving me an opportunity to achieve my goal.”

This was followed by the retirement ceremony in which Price was presented with gifts from the district, the Manatee County Fire Commissioner’s Association, Cedar Hammock Fire District, the three Island cities and others.

BRADENTON BEACH – Last week, County Administrator Ed Hunzeker responded to the Bradenton Beach Commission’s recent decision to levy stormwater fees on county property located within the city limits.

“As discussed, Manatee County government has been a close partner with the city of Bradenton Beach for decades. Given our past cooperation it was very disappointing to hear reports, through the public news media, that the city of Bradenton Beach intends to charge its closest partner, Manatee County, in excess of $132,000 for stormwater management,” Hunzeker wrote in a letter sent to Mayor Bill Shearon Thursday.

Two days prior to sending his letter, Hunzeker met with Shearon, City Engineer Lynn Burnett, city Public Works Director Tom Woodard and Manatee Deputy Director of Public Works Sia Mollanazar to discuss the matter.

In his letter, Hunzeker suggested one of two options as an amendment to stormwater ordinance 15-449: That all public parks and beaches be exempt from the new ordinance, or that all public and government lands that do not receive any stormwater management service from the city, now or in the future, be exempt from the ordinance.

When contacted, Burnett said there was a good possibility the commission would discuss this issue further before adopting the proposed ordinance on second and final reading at Thursday evening’s commission meeting.

When this matter was discussed last month, Burnett advised against charging the county for stormwater management and suggested addressing it at a later date.

Although he ultimately joined the rest of the commission in its unanimous support of doing so, Commissioner Ed Straight, a former county employee, said the county might react unfavorably to the decision.

In his note, Hunzeker reminded Shearon and the commission that Manatee County taxpayers have been providing annual Community Redevelopment Agency funding of approximately $250,000 and also provided in the magnitude of $1 million to help restore the Historic Bridge Street Pier.

Hunzeker also said the county supplements the city’s police department budget by providing in excess of $80,000 for patrols of county beaches and park sites.

“It is ironic that I use the term ‘the county beaches and park sites’ even though they are in the city of Bradenton Beach, and its famous beauty and amenities are recognized by the general public as the city of Bradenton Beach’s park sites and facilities. These beachfront properties and park sites are the very subject of the stormwater utility ordinance fee,” Hunzeker wrote.

In reference to 69.4 acres of county-owned land located in the city, including Leffis Key Park, Hunzeker said, “As much as these park sites are recognized by the general public as assets of the city, the fact is that they are county owned, maintained and operated lands. As such, the city enjoys all the benefit and revenues generated … however all of the financial investment and operating expenses are funded by Manatee County.”

Hunzeker noted that the city does not presently provide any stormwater management operation or maintenance to the county park properties, nor does it intend to provide any such services in the future.

He also pointed out that in addition to the annual operating expenditures, Manatee County has invested additional county taxpayer funds for stormwater and water quality improvements in an effort to be good stewards of the land and not because of any regulatory requirements.

CINDY LANE | SUN

Peak season may be over, but drawbridges
continue to create traffic delays when accommodating
the needs of boaters.

HOLMES BEACH –The Metropolitan Planning Organization (MPO) and the Island Transportation Planning Organization (ITPO) plan to submit a request to the U.S. Coast Guard asking for the timing of the Island drawbridges to be reduced to 30 minute intervals year round.

If approved, the amended bridge timing schedule would eliminate the 20 minute bridge opening intervals that occur from January 15 through April 15.

Anna Maria Mayor Dan Murphy bridged the topic during at the April 20 ITPO meeting in Holmes Beach.

“You said you would look into that and see what you could do in terms of limiting those openings during tourist season. I just wondered if you could give us a progress report,” Murphy said to MPO Executive Director Mike Howe.

Howe said he has drafted a letter, which he expects to the place on the June ITPO agenda after conferring with the Florida Department of Transportation (FDOT).

“We’ll basically requesting the Coast Guard to initiate a review based upon the bridge counts,” Howe said, noting that FDOT would serve as MPO’s sponsor for the request.

Howe said he would send his letter to all three Island city commissions in order to gauge support for the request to reduce bridge openings to two per hour all year long. He said he would also create a resolution for each city to adopt.

MPO Planning Manager David Hutchinson said the request would also apply to the Longboat Pass Bridge and require input from Longboat Key officials as well.

“They’re also impacted by any decision we make here,” Howe added.

Bradenton Beach Mayor Bill Shearon asked Howe to expedite the resolution process and said, “I know Longboat Key is receptive to the process also, and maybe that’s something we can also present to our county commission.”

Howe agreed the county needs to be involved.

Holmes Beach Mayor Bob Johnson suggested aiming even higher by inquiring about leaving bridges down for longer periods during peak traffic events.

“Since we’re doing this thing, why not go for the stars,” Johnson said.

“We need to call the Coast Guard and say, ‘Keep the damn bridge down,’ because of the nature of a holiday or whatever’s happening on the Island. There ought to be some provision to get some sort of exception in the event of certain conditions,” he added.

Hutchinson said the resolution could be presented in a manner that asked the Coast Guard to work with stakeholders in developing a criteria to designate extraordinary circumstances when bridge openings might be extended to every 45 minutes or longer.

“I think it’s worth looking at,” Johnson said.

Referencing his time as live-aboard boater, Shearon said the Coast Guard would require exact dates because of the Notice to Mariners that informs boaters of expected bridge closings in terms of boat traffic.

He also referenced the public input received about a decade ago when the request was made to reduce the bridge openings to once every 30 minutes from mid-April to mid-January.

“There were 20 or 30 boaters there, and there were a lot of written comments, so it’s not an easy thing to ask,” Shearon said.

Howe noted that public workshops would be part of the process.

“If things go smoothly, potentially by next season we could have something implemented. I think that should be our goal because it definitely takes that long, if not longer,” he concluded.

When bridge timing was discussed at a Holmes Beach Commission meeting more than a year ago, Public Works Supervisor Tom O-Brien told the commission he and his wife, as avid sailors, would adamantly oppose any requests to alter the current bridge opening schedule because doing so would interrupt the flow of boat traffic and present potential safety hazards to those awaiting a bridge opening.

SUBMITTED

Christine Olson holds a picture of her daughter,
Tiffany, who was killed in an auto accident on Dec. 7, 2004.

The Florida Senate passed House Bill 7055, making Christine Olson, who works at the Rod and Reel restaurant in Anna Maria, very happy.

The bill, sponsored in the House by State Representative Greg Steube, passed the House on April 24 and at 1:24 p.m. On April 29, it passed the State Senate by a 40-0 vote.

“Last week, the woman who was pushing this issue in Tallahassee, Cari Roth, called and said there was no hope it would get passed because it’s late in the session and the lawmakers just want to go home,” she said. “Later I got an e-mail from her that said, ‘You’re not going to believe this, it got in and it passed.”

The bill requires automobile and drivers licensing agencies to distribute a form that people can fill out to enroll in a program that allows first responders and emergency officials to tap into a list of contacts for victims of accidents.

Olson formed “To Inform Families First” (TIFF) after her daughter, Tiffany, was killed in a tragic car accident on Dec. 7, 2005. She was not informed for six hours after the accident because contact information was not readily available to the officers at the scene. Olson decided to change the way the system worked, and now it will expand in Florida, thanks to the bill.

“We already have 10 million people sign up in Florida,” Olson said. “We want to make sure what happened to me doesn’t happen to them.”

Olson has a Website, http://toinformfamiliesfirst.org/, where people can get more information and register. So far, the states of Florida, Ohio, Colorado, Illinois and New Jersey are participating, and she wants to spread the word to the other states.

“We have prom and graduation coming up,” she said. “Parents need to take time to make sure their young drivers are registered.”

Olson recalls another Island daughter, Georgia Gibbons, who was hit by a car in 2013 while crossing the street in Tallahassee.

“Police at the scene were able to trace her family though her driver’s license because she was registered,” she said. “(Manatee County Sheriff’s) Deputy Steve Stewart got the word and went to her parents to tell them.”

Gibbons is still recovering from a head injury she got from the accident.

Olson thanked Florida Representatives Greg Steube and Bill Galvano for their support and County Commissioner Carol Whitmore for informing friends about the bill’s trek through the legislature.

Olson said she needs volunteers to continue to spread the word.

“I need journalists and writers to do stories about TIFF,” she said. “I know there are a lot of writers on the Island,” she said. “I cannot change what happened to my daughter and me, but I can try to make sure it doesn’t happen to somebody else.”

To join TEAM TIFF and help spread the word, contact Christine Olson at 941-795-1869 or Christine@helptiff.org.