Celebrating 25 years NOV. 1, 2017 FREE
VOLUME 26, NO. 1
The Best News on Anna Maria Island Since 1992 AsTheWorldTerns offer appreciation. 6 Fall back with the time change. 2
Polls open Nov. 7. 4 Holmes Beach honors Peelen. 5
Op-Ed
The Islander editorial, reader letters. 6
10-20 YEARS AGO
Looking back. 7
New prosecutor dives into ‘shark drag.’ 8 Public pushes back on ‘plastic’ pier. 9 BB CRA proceeds with master plan. 11
Happenings
Community announcements, activities. 12-13 Save a date. 14-15 Gunsmoke. Part 2. 17
Obituaries. 20
Streetlife. 21 Center pleads for funding. 22 AME festival celebrates Halloween. 25 Center crowns soccer champs. 26
Fracking pollution. 27 Captain’s tarpon hunt goes sideways. 28
ISL BIZ: Turnover
on Bridge Street. 30 Classifieds. 32
www.islander.org
Owners hope highest court hears treehouse plea
By Kathy Prucnell Islander Reporter Treehouse owners Lynn Tran and Richard Hazen are hoping for another day in court — the U.S. Supreme Court. Tran and Hazen built the two-story beachfront treehouse in 2011 at 103 29th St., where they reside and operate four vacation units known as Angelinos Sea Lodge. Their attorney, David M. Levin of Icard, Merrill, Cullis, Timm, Furen & Ginsburg PA of Sarasota, filed a petition oct. 23 to reverse 12th Circuit Judge Don T. Hall’s order denying the treehouse a place on a city ballot. Hall’s 2016 order reinforced the city’s position and prohibited it from adhering to a charter provision that would have allowed a citywide vote to grandfather the treehouse, which was built without permits. The charter allows citizens to present signed petitions seeking the city commission to enact an ordinance and, if the commission fails to enact it, requires the city clerk to place the initiative as a question on the ballot. Tran and Hazen have been under orders to remove the structure as a result of court, code and Florida Department of Environmental Protection decisions — with increas-
ing pressure from the city this summer to apply for a demolition permit. In response, Levin wrote to the mayor in August, saying the demolition application was premature because of his intent to file the Supreme Court petition.
Tran said she realizes the slim chance the Supreme Court will take the case, but added, “it’s worth a try because we’re not in the wrong.” Florida’s 2nd Court of Appeal twice declined to hear the Hazen-Tran appeal. In the high-court petition, Levin attacks Hall’s verbatim adoption of a city-recommended order as a failure of due process under the 14th Amendment. He contends the process fails to comport with case law requiring the appearance and reality of neutrality, fairness and impartial tribunal. Levin also states “the direct consequence” of Hall’s order “will be the involuntary demolition of the petitioners’ accessory improvement upon their real property.” Attorney Richard A. Harrison of Tampa, special counsel for the city of Holmes Beach, has been retained to respond to Levin’s petition. Jim Dye, attorney with Bradenton’s Dye Harrison, a partner in the same firm as city attorney Patricia Petruff, has handled the treehouse litigation since 2013. He said oct. 26 that regardless of the appeal, “nothing is stayed” and the owners PLEASE SEE Treehouse PAGE 3
nated for special protection due to its natural attributes. The structure sits about 300-400 feet from the a.p. Bell fish co. fish house. Guthrie, known locally as Junior, told The Islander in May he built the structure in the water for seagrass experiments “just trying to help the sea life around here.” The DEP notice of violation concludes that permits were required before building the enclosed structure on state-owned sub-
merged lands. The DEP inspected the structure May 25 and, in May and June, ordered Guthrie to halt construction due to possible state law violations. The DEP corresponded with Guthrie and met June 30 with Semmer about a possible Butler Act disclaimer to grandfather the structure. PLEASE SEE CorTeZ PAGE 2
Lynn Tran poses Oct. 26 on the beach near her treehouse, built in an Australian pine at 103 29th St., Holmes Beach, where she and husband Richard Hazen reside. Islander Photo: Kathy Prucnell
DEP orders Cortezian to remove house built over state waters By Kathy Prucnell Islander Reporter The Florida Department of Environmental Protection ordered Raymond “Junior” Guthrie Jr. to remove his house on stilts in Sarasota Bay — and, thus far, has assessed $6,500 in fines. Mary E. Yeargan, the agency’s southwest district director, signed a notice of violation, orders for corrective action and administrative penalty assessment oct. 19, giving Guthrie 21 days after receiving the order to remove the house or file an appeal. The DEP sent the notice/orders/assessment to guthrie’s cortez post office box oct. 24 via certified mail. Shannon Herbon, DEP public information manager, said the order was sent after Guthrie failed to agree to the DEP’s proposed consent order. Neither Guthrie nor his representative, Joanne Semmer, president of ostego Bay Environmental Inc. of Fort Myers, had received the document as of press time for The Islander. Guthrie, with the help of Capt. Tom Mora, built the structure in early 2017 in outstanding florida Waters — an area desig-
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Islander celebrates 25
A house built in 2017 on pilings over the water just off the Cortez commercial docks is the subject of a removal order from the Florida Department of Environmental Protection. Islander Photo: Kathy Prucnell
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Notice the volume and issue number at the top of the page? The Islander newspaper will celebrate its anniversary with an open house starting at 5 p.m. Wednesday, nov. 15, at the newspaper office. Join us in celebrating another milestone for “the best news on Anna Maria Island since 1992.” We’ll toast publishing in print, still a vital way to deliver the news. We’ll toast local newsgathering. We’ll toast our success with the anna Maria Island Chamber of Commerce. And we’ll cheer Anna Maria Island.
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