BRADENTON BEACH – Mayor Bill Shearon filed a lawsuit against the city of Bradenton Beach last week, in an attempt to ensure that city commissioners do not suspend him from office as the forfeiture of office proceedings against him continue to play out.

On behalf of Shearon, former city attorney Ralf Brookes filed a writ of petition with the 12th Judicial Circuit Court of Manatee County on Tuesday, Nov. 11.

Brookes and Shearon both said the filing is not an attempt to prevent the forfeiture of office proceedings from moving forward.

Brookes said he hopes for an emergency ruling prior to the special commission meeting scheduled for 10 a.m. on Tuesday, Dec. 2, at which the forfeiture of office discussions will resume.

At that meeting, commissioners will decide by majority vote whether to continue the forfeiture efforts. According to City Attorney Ricinda Perry, Shearon will not cast a vote in that decision because it pertains specifically to him, and because he is now the plaintiff in a lawsuit filed against the city.

Perry believes Shearon’s filing is premature, because the commission, on Dec. 2, has to once again vote on whether to formally initiate forfeiture of office proceedings according Resolution 14-827. In September, the commission voted 4-1 in favor of initiating forfeiture proceedings, but there was no resolution or ordinance in place to guide the process.

The forfeiture resolution adopted by the commission on Oct. 28 provides for the suspension of an elected city official, but no commissioner has publically moved to suspend Shearon on an interim basis. Despite his criticism of the mayor, Vice Mayor Jack Clarke said he would not seek Shearon’s suspension because it would be too disruptive to city operations.

Limiting Clarke

Shearon’s suit also seeks a court ruling that, if granted, would prevent Clarke from participating in the forfeiture process. This request is based on the assertion that Clarke cannot rule in an unbiased manner because he originally initiated the forfeiture efforts and would serve as mayor if Shearon was removed from office.

During previous commission discussions, Perry and local attorney Robert Lincoln countered similar arguments made by former attorney John Metz, and Lincoln provided case law that supported the vice mayor’s right to continued participation.

Shearon’s lawsuit also questions whether the policies set forth in the forfeiture resolution provide the accused with full due process rendered by an impartial tribunal.

Clarke said he believes the commission can provide an impartial ruling based on the evidence presented, and he does not expect Shearon’s suit to prevent the forfeiture efforts from moving forward.

If the commission decides to continue the forfeiture process, formal charges against Shearon will be presented at the Dec. 2 meeting. Future hearings would then be scheduled and the commission, minus Shearon, would have the sole authority to determine whether he serves the remainder of his term. The commission could also propose a compromise that falls short of removing Shearon from office.

Note of caution

Perry will not participate in future forfeiture hearings, but she cautions that adversarial actions and legal filings could make it more challenging to find common ground toward finding alternatives to the forfeiture proceedings.

Less than a week prior to Shearon filing his lawsuit, his girlfriend, Tjet Martin, filed a separate lawsuit that alleged the city did not satisfy her public records requests.

When discussing his own lawsuit, Shearon reiterated his beliefs that he should not be suspended, and Clarke should not participate in the forfeiture process.

When discussing Martin’s lawsuit, Shearon defended any citizen’s right to make a public records request, and take legal action if those requests are not met. He also said he is not financing Martin’s legal endeavors.

Five Anna Maria Island Sun staff members were honored with 15 different awards over the weekend in the Florida Press Club’s Excellence in Journalism Competition. The awards ceremony took place Saturday at the Pirate’s Cove Resort in Stuart, Fla., and featured entries from daily and weekly newspapers from throughout the state.

Writer-photographer Cindy Lane and editorial cartoonist Steve Borggren each took home first-place honors. Lane won in the general news category for her photo documenting beach renourishment in Bradenton Beach, while Borggren won top honors with a cartoon carrying a poignant reminder of the sacrifices our veterans routinely make to keep our country free. Borggren actually took first and third place in this category and was competing against every other newspaper in the state, including the metropolitan dailies like the Tampa Bay Times and the Miami Herald. Lane also won five other awards - two for photography, one for light feature writing, one for headline writing and one for commentary writing.

Staff writer Tom Vaught was honored with one award for breaking news writing, while co-publisher and photographer Maggie Field won three photo awards, including one for general news and two for features. And publisher Mike Field won three awards including two for opinion writing and one for general news photography.

Earlier this year, The Sun captured 16 awards in the Florida Press Association’s Better Weekly Newspaper Contest, another statewide journalism competition. Among those were six first place awards for writing, photography and page design.

HOLMES BEACH – An enthusiastic crowd gathered at CrossPointe Fellowship Saturday to thank and celebrate the area’s military veterans.

Rev. Ed Moss, of CrossPointe, welcomed the crowd and explained that the event began last year as a way to honor the area’s veterans. Next came the drum line and JROTC members from Manatee High School and a color guard bearing flags of the different branches of the service.

Dick Alvarez spoke on “What is a Veteran?”

“It is a soldier, not a reporter, who has given us freedom of the press,” he pointed out. “It is a soldier, not a poet, who has given us freedom of speech. It is the soldier, not the campus organizer, who has given us the freedom to demonstrate.

“It is the soldier who salutes the flag, who serves beneath the flag and whose coffin is draped by the flag who allows the freedom to protest the flag. So remember, each time you see someone who has served our nation, just lean over and say, ‘Thank you.’ That’s all most veterans need.”

Boy Scout Sam Howell sang the National Anthem, followed by Iraq war veteran, Army Staff Sgt. Joe Beimfohr, who told his story of being deployed to Iraq in 2005 as part of the first infantry division.

He said on July 5, his division was securing a town and looking for weapons. On the way out, when they were investigating copper wires in the road, an IED detonated. The blast killed a fellow soldier, and Beimfohr lost his legs as a result.

“When we sign up to serve, we do that – to serve. We don’t expect anything less than the time we are going to put in. So getting something back from the community when people say, ‘Thank you for what you’ve done; thank you for your service,’ it’s huge.”

Anna Maria Elementary School students gave Beimfohr a group hug before presenting a special thanks to veterans. Everyone then enjoyed a BBQ lunch and played a version of Jeopardy before hearing from Army Staff Sgt. Juan Roldan.

Roldan was with the first infantry division out of Germany and in 2006, while he was on a convoy in Iraq, his vehicle was struck by and IED. He suffered a traumatic brain injury and lost his legs and said the love for his daughter kept him alive.

Concluding the event, the Emily Brier Band sang America the Beautiful and Commander Rick Hamme gave the closing remarks.

CORTEZ – Boats, butterflies, bands, beautiful weather and a bounty of attendees, vendors and volunteers contributed to the success of the second annual Boatyard Bash that took place Saturday on the grounds of the Florida Maritime Museum.

“We do this to expand awareness that the museum exists and to give people the opportunity to see home-built boats that illustrate the point than anyone can build a boat if they want to. This also provides an excellent opportunity for families to come out and enjoy some good music and a movie in a nice venue,” said museum supervisor and event organizer Amara Nash.

Museum visitors were treated to the new Maritime Mythologies: Creatures of the Deep exhibit, in addition to the permanent collections and historical artifacts that illustrate Cortez’s history as an active commercial fishing village with a boatbuilding heritage.

Outside the museum, local boat builders displayed a collection of home-built boats that included a Polly Penobscot sailboat, a Yostwerks Roldarka skin-on-frame sea kayak, a Flywood one-sheet canoe, and a crowd-pleasing vessel built from scrap lumber to resemble a Chinese junk, powered by both sail and outboard motor, and outfitted with small cannons.

“It’s going great. We’ve got a good turnout, home-built boats, great food, craft and art vendors and three stages for music,” said Education and Volunteer Coordinator John Beale.

“My goal is to introduce people to all the different ways you can build a boat and the different styles that can be built. Hopefully, we’ll inspire a few people to go home and build a boat of their own,” Beale added.

Attendees were given the opportunity to register for a fundraising boat tour taking place Saturday, Nov. 22, and a mast and spar making class scheduled for Saturday, Dec. 13.

The neighboring Florida Institute for Saltwater Heritage (FISH) Boatworks facility opened its doors and welcomed visitors as well.

At 3:30 p.m., Nash and a large group of youngsters and adults gathered to release butterflies in the new butterfly garden located outside the north end of the museum building that once served as the local schoolhouse.

Live music was provided by Treble Hook, the Sea Shanty Singers, Wire Beaters and Ted Stevens and the Doo-Shots. When darkness fell, the St. Petersburg-based Rose Island Band provided the soundtrack to an outdoor screening of the classic sci-fi horror film “The Creature from the Black Lagoon.” The film was chosen to coincide with the Creatures of the Deep exhibit.

The Anna Maria Island Sun co-sponsored the free, family friendly event.

The Florida Maritime Museum is located at 4415 119th St. in Cortez. For more information call 941-708-6120 or visit www.floridamaritimemuseum.org.

HOLMES BEACH – No good deed goes unpunished.

That is how recently reelected Manatee County Commissioner Carol Whitmore feels about those who criticized her for allowing the non-profit Animal Network shared use of her Holmes Beach post office box.

Before the Nov. 4 election, Whitmore’s critics, some of them supporters of her opponent, Terri Wonder, publically suggested the commissioner acted illegally or unethically in providing a non-profit organization the use of the same P.O. box she used to receive campaign contributions.

“They have their own key, and I have mine. There’s no co-mingling of mail. I’ve never opened one of their envelopes, and they’ve never opened one of mine. I use the P.O. box for my campaign mail so it doesn’t come to my house. I used it last time too. I didn’t do anything illegal,” Whitmore said.

Holmes Beach Commission Jean Peelen came to Whitmore’s defense when her charitable efforts were called into question.

“Carol has had a post office box at the Holmes Beach post office since she was 15 years old. She has used it for donations for every campaign. There are no campaign rules about where donations are received. I always use my home address, but Carol, being in a much more public position, didn't want to use her home address, thus the post box,” Peelen wrote, in an e-mail response sent to one of Whitmore critics.

“About four years ago, when we were setting up the No Kill Fund under the 501(c)(3) umbrella of the Animal Network, we knew there would be people who wanted to donate by mail. Carol offered her post box as a mailing address because the president of Animal Network works on the Island and could retrieve the mail,” she explained.

“You’ve taken something nice that Carol did and tried to make it something nasty, unethical or illegal,” Peelen said of those who tried to make a campaign issue out of a post office box.

The Animal Network is among the local organizations engaged in the efforts to make Manatee County Animal Services a no-kill shelter, and President Laurie Crawford is the representative who retrieves No Kill Fund mail from Whitmore’s P.O. box.

“It’s a matter of convenience, that’s all it is,” Crawford said.

She then addressed allegations that the Animal Network improperly endorsed Whitmore’s campaign at a Canine Christmas planning meeting that took place prior to the election.

“The first thing I said is a 501 (c) (3) cannot endorse a candidate, but I’m personally endorsing Carol Whitmore,” Crawford clarified.

Debra Starr handles marketing and public relations for the Animal Network. She also weighed in on the controversy.

“I personally believe that this information was purely meant as a Hail Mary pass to swing voters to Terri Wonder, and I find no improprieties. No Kill money does go to saving pets from Animal Services. Since they are a government agency, they cannot accept donations, so Animal Network does so and pays for the medical treatment of shelter pets. This year alone, we have saved over 180 heartworm positive dogs and our medical bills run approximately $4,000 per month.”

HOLMES BEACH – Thanksgiving is more than just a meal. On Anna Maria Island, it’s an opportunity to give thanks for living in or visiting paradise and several churches will be open for worship on Thanksgiving Day.

If you can’t make it because your house will be full of guests and the oven full of turkey, All Island Denominations will be holding a Thanksgiving Ecumenical Service on Sunday, Nov. 23, at 7 p.m. at CrossPointe Fellowship, 8605 Gulf Drive. Roser Memorial Church Pastor Dr. Robert O’Keef will preside. Afterward, join your friends and neighbors for refreshments and fellowship. Everyone is welcome and encouraged to bring canned food for the All Island Denominations Food Pantry.

Roser is holding its annual Thanksgiving Dinner at the church at 2 p.m. You must call 778-0414 or lot onto http://www.roserchurch.com/ to reserve.

Thanksgiving Day services

• Gloria Dei Lutheran Church, 6608 Marina Drive, Holmes Beach, 778-1813, will hold a service at 10 a.m.

• Roser Memorial Community Church, 512 Pine Ave., Anna Maria, 778-0414, will have a service at 10 p.m. at the Chapel.

• St. Bernard Catholic Church, 248 S. Harbor Drive, Holmes Beach, 778-4769, will hold a Mass at 9 a.m.

HOLMES BEACH – In two recent meetings the Island Congestion Committee refined the resident parking permit application and process and the wording of an ordinance to eliminate street and right of way parking in residential areas.

They felt that the police department should manage the applications, and Police Chief Bill Tokajer agreed because it will be the police department that will enforce the ordinance and officers are on duty 24/7.

“This committee will volunteer to do the initial offering of taking applications and issuing permits,” Chair Carol Soustek said.

“We can post the application on the city’s website, and people can download it or come it and get it,” member Jayne Christenson added. “They would have to provide proof of residency.

“We want to encourage residents to get them in the first couple weeks that we launch this, so if they come in the first week or two we could make the permits free as an incentive.”

Parking permits

The permits would cost $10 and be valid for two years from Jan. 1 to Dec. 31. There would be no proration. Every vehicle owned by residents in the home would need a separate permit.

Tokajer said the permits would be numbered and that number would be assigned to the vehicle. He suggested that permits be a bright color with white lettering.

Soustek asked how to deal with motorcycles and golf carts, and Tokajer pointed out, “We’re looking at street parking. A motorcycle could be parked on the driveway next to a car or on the lawn, and I think a golf cart would be put on the lawn.”

Members agreed to exempt both, and Commissioner Marvin Grossman said it would encourage the use of golf carts.

Guest parking

Regarding special exception guest parking, members said residents with the permits could advise the police that they are having guests and the day and hours of the event. Tokajer said the exception would be available for residents, but not renters.

Member Pam Leckie asked about owners who are here for six months, but their vehicles are registered in other states and said, “If you are a property owner, you have every right to park there. If I owned a place here and could not park in front of my own house, I would not be a happy camper.”

Soustek said those owners could change their registration to Florida, and Tokajer said the committee could consider accepting a document that shows that they own the property.

“This is how other beach communities have controlled parking on the street,” Christenson stressed. “The idea is to keep vehicles off the street for safety.”

Grossman said the city requires one parking space per bedroom, and said, “You really have enough parking for yourself. They might not have a problem. Why would they want to park on the street?”

“What if they want to have a party?” someone asked.

Soustek and Tokajer said if people have issues, when the committee holds a public meeting on the plan, members could make adjustments.

The ordinance

Members looked at ordinances from St. Pete Beach, Belleair Beach and Sanibel Island and picked the parts of each that they wanted to include in the city’s ordinance.

They liked the definitions and findings of fact, designation of controlled parking residential areas, eligibility and criteria for establishment of controlled parking areas, special parking permits, privileges and restrictions on permits from the St. Pete Beach ordinance.

They agree to exempt vehicles with a handicap tag; commercial vehicles on the job; government, law enforcement, emergency and Coast Guard vehicles; and private vehicles conducting animal rescue such as Turtle Watch or Mote Marine.

In a discussion of penalties, members felt the fine should be more than the city’s $35 parking fine and plan to ask for $50. Some members thought the fine should double each day, but after some discussion, they agreed on $50 per day.

Members said they plan to present all the information to city commissioners at their Nov. 25 meeting.