REAL ESTATE

THE SUN REAL ESTATE

NOVEMBER 4, 2020

FEMA not the last word on flood risk estimates

We’re getting close to the official end of hurricane season and the accompanying flooding that comes with hurricanes. Every homeowner reading this column already knows they live in a flood zone or very close to one. Nevertheless, there is some new technology that is able to provide more flood information for homeowners and potential homeowners.

According to First Street Foundation, a non-profit research firm, nearly six million properties across the United States have a substantial risk of flooding that isn’t disclosed by the federal flood maps. The foundation released their own flood maps in June compiled by researchers, modelers and scientists who are advocates for providing homeowners with more information about flooding and climate change.

The Federal Emergency Management Agency’s (FEMA) flood maps outline flood zones and have long been used by homeowners and developers to determine which properties have at least a 1% annual risk of flooding. The First Street analysis suggests

Castles in the Sand

LOUISE BOLGER

that millions of American homeowners could be more vulnerable to flooding than FEMA’s maps indicate. They go on to say their maps show more properties with a 1% flood risk than FEMA because they include parts of the country that FEMA hasn’t mapped and use current climate data and rainfall-related flooding.

Their position is their maps do not conflict with FEMA’s, rather they complement one another and give homeowners a more accurate picture. First Street projects that by 2050 the total number of contiguous U.S. properties with a 1% annual flooding risk will increase to 16.2 million, or 11.4% of total properties.

Since mortgage lenders require home-

owners to purchase flood insurance based on FEMA’s flood zones, this is important information for the real estate industry. Millions of American homeowners could be more vulnerable to flooding than they realize and may not have the option to purchase flood insurance or have the resources to rebuild in the event of a flood.

The former chief executive of the National Flood Insurance Program agrees that FEMA’s maps are a snapshot in time that can change with time. Also, in the past three years, more than 40% of flood claims have been for properties that are not mapped by FEMA or are outside FEMA’s annual risk zones.

Although First Street Foundation’s analysis is meant to help homeowners and insurers, not all floodplain experts around the country agree with their research methods and conclusions. Nevertheless, the First Street Foundation’s findings are now a part of realtor.com’s website. Properties listed on realtor.com now display a “Flood Factor” indication providing FEMA’s flood zone for

the property as well as other information regarding flooding.

This is the first of its kind flood data on realtor.com and will give home shoppers and existing homeowners easy access to information that previously was not as available about the flood risk of a specific property. There is more information on First Street Foundation’s website, which is helpful to those of us living in existing flood zones, as well as a further explanation of their research. It’s estimated that 23% of all properties have a major to an extreme risk of flooding, and that flooding risk will increase by almost 800,000 properties during the next 30 years, much of it due to new construction along the country’s coasts.

We live here and we understand flooding, but there are many areas around the country that border lakes, rivers and creeks that have the potential of flooding. Many of these property owners aren’t aware of the risk until it happens, so any additional information that can be provided to them can only be a good thing. Stay dry and stay safe.

Preserve’s edge

CINDY LANE | SUN

The half-acre lot at the northeast corner of the FISH Preserve in Cortez is for sale, listed at $794,000. COZ GB LLC purchased the commercial property at 4404 110th St. Court W. in February for $175,000, according to the Manatee County Property Appraiser’s Office. The corporation consists of Eric Grimes, of Bradenton, and John Banyas, of Cortez, according to the Florida Division of Corporations. The Florida Institute for Saltwater Heritage (FISH) has long wanted to acquire the property since it is adjacent to its 95-plus acre FISH Preserve, but the not-for-profit organization has not been able to afford it.

CINDY LANE | SUN

Fish house being renovated

The historic Fulford fish house in Cortez is being renovated, possibly in time to process mullet this winter, according to owner Karen Bell. The Fulford family, originally from Carteret County, N.C., was among the founding families of Cortez.

MOOSE: Pandemic alters party

FROM PAGE 1 children as they remained in their vehicles and received Halloween goody bags that contained a stuffed ‘Tommy the Moose’ toy, snacks, candy, Halloween stickers, KoolAid Ghoul-Aid Scary Berry juice, miniature games and Mardi Gras beads.

Moose Lodge Senior Regent Bonnie Dubin helped organize the drive-thru event for the children and grandchildren of Moose Lodge members.

“We couldn’t do our usual Halloween party, so we’re doing a drive-thru. They pull up, get their goody bag and a picture with Tommy the Moose. We’ve had a fairly steady crowd, so we’re happy,” Dubin said Saturday morning.

“Our Women of the Moose are doing a phenomenal job. Bonnie is the senior regent in charge and this is another great job by the women,” lodge administrator Byron Dalton said.

As of 10 a.m., Dalton estimated approximately 75 children had passed through the drive-thru trick or treat line.

“We’ve even given some bags to some adults who looked like they needed some sugar,” he joked.

Regarding the annual Moose kids’ annual Christmas party, Dalton said, “If we still have this problem with COVID, we’ll do a drive-thru at Christmas too. We have a member who has a sleigh.”

As he and his mom passed through the line, young Des Moines, Iowa resident Drew Dickson said, “We’re on vacation.”

“We missed Beggar’s Night in Des Moines last night,” Drew’s mom, Dana Dickson, said of the annual pre-Halloween celebration that takes place in their hometown community.

“We’re leaving tomorrow. We’ve been here a week and it’s been great. I think we want to move here,” she said.

Moose members Mark and Debbie Johnson drove their grandson Benjamin Rounds –dressed as Benjamin Franklin – and granddaughter Addison Rounds through the trick or treat line. The youngsters were visiting from Seattle.

“We love it. Compared to doing nothing this is great,” Mark said of the Moose Lodge’s Halloween event.

General operations

Dalton said the Moose Lodge is still operating at limited capacity, in part due to the pending kitchen renovations.

“By choice, we’re still at 50% capacity and we’re doing well. We feel it’s best to protect our members and their guests at this time,” Dalton said, noting members and guests are required to wear masks when moving around inside the lodge.

“Overall, we’re doing well. We could

Seattle residents Benjamin and Addison Rounds enjoyed their goody bags.

JOE HENDRICKS | SUN

certainly do better if our kitchen was open. We’re waiting for the city to respond with our permits. We submitted a new appraisal last week and hopefully they’ll give us some good news this week,” Dalton said.

“Business is picking up and we’re beginning to see a lot of people come in from out of town and opening their homes up down here. It’s great to see our old friends coming back,” Dalton said.

Dalton anticipates the kitchen renovations taking approximately eight weeks once the permits are issued. In the meantime, the kitchen crew continues to offer a limited menu prepared outdoors on grills and other portable cooking equipment.

The lodge also had new awnings installed over the ground level beachfront patio area.

OBITUARIES

Sarah Maloney

Sarah Maloney, the matriarch of four generations of Islanders, passed peacefully on Thursday, October 22. Sarah’s love of Anna Maria was evident in her involvement over many years, from Turtle Watch duty to her volunteer work at Island Players and Anna Maria Elementary School. Her faith was her cornerstone and she was an active member and officer of St. Bernard Church Women’s Guild.

Sarah’s Italian roots were deep and well defined by her favorite phrase, ‘La Familia,’ in which her intense love of her family often extended to those outside her family that she felt were most in need of love and support. In short, Sarah had your back.

Sarah’s tough love approach was matched by her sense of style and love for entertaining family and friends where no paper plates or cups were ever evident and place cards and coasters were a must.

Sarah shared much of her life with husband, Don, who made his own impact on Island life as a multiple term commissioner of Holmes Beach before his passing.

Together they raised four children, daughters Frances (Doug) and Barbara (Sam) and sons Shawn (Norine) and Donald (Ann).

Their ‘familia’ extended to grandchildren Jason (Lauren), Michael, Josh, Ben (Danielle) and Nick (Lexi) Sato; Miki (Lauren), Keenan, Mackenzie and Makiley Maloney; and Patrick, Hannah and Teagan Maloney and honorary granddaughter Ashley. Sarah’s greatgrandchildren included Miki Maloney, Jr. and Dylan, Brandon and Juliette Sato.

In lieu of flowers, please make a donation to your favorite charity.

Sabrina Marie Dumdei

Sabrina Marie Dumdei, age 37, was born Aug. 23rd, 1983, in Wagner, South Dakota, the oldest daughter of Keith and Mary (Thomson) Dumdei. She passed into eternal life on Saturday, Oct. 17, 2020 at her home in Bradenton Beach, Florida, where she resided with her dog, “Bear.”

Sabrina attended Andes Central School in Lake Andes, South Dakota. She enjoyed all sports and excelled in volleyball, basketball and track. In 2001, she moved with her family to Bradenton, Florida. She owned and operated “Hair’s To You” hair salon in Bradenton Beach, Florida. She enjoyed watching the sunsets on the beach, fishing, longboarding, and chasing her nephews around trying to steal kisses.

She will be deeply missed by her family, friends and all who knew her. Thankful for having shared her life are her parents, Keith and Mary Dumdei; her sisters, Jennifer and Crystal Dumdei; her nephews, Colton, Paxson, Kingston and Lynkon; and her grandmothers, Margaret Thomson and Leona Dumdei, both of South Dakota. She will also be missed by all her aunts, uncles, cousins, nieces and nephews.

Sabrina was preceded in death by her brother, Nicholas Dumdei; cousins John Thomson and twin boys Jacob and Vincent Addison; her uncle, William Koenig; and grandfathers Thomas Thomson and Edgar Dumdei.

Funeral services were to be held at Christ Presbyterian Church, 515 Upper Manatee River Road, Bradenton, Florida, on Monday, Nov 2nd, 2020, at 11 a.m., with a luncheon to follow in the pavilion.

Harold A. Burks, 98, of Holmes Beach, died Oct. 26, 2020.

He was born on Aug. 22, 1922 in Louisville, KY. He was the last surviving member of his Air Force crew and was the radio operator on 36 combat missions in a B-24 aircraft over enemy occupied territory of Germany in WWII. He was awarded the 5th Oak Leaf Cluster (Silver) to the

Air Medal.

His civilian life work included Head of Personnel (Human Services) for several international oil companies, the Philadelphia Museum of Art, Temple University Health Centers and the

State of Pennsylvania. After retirement, he taught CPR for the Red Cross.

His hobbies included reading spy novels, sailing, woodworking, and short wave radio.

He leaves behind “ the light of my life” of 53 years, Dr. Lillian E. Chin; son, Stephen; grandsons, Dr. Shelby Burks and Matthew Burks; and many extended family and friends.

In lieu of flowers, donations to dog rescue or a charity of your choice would be appreciated. Services will be private.

LOCALLY KNOWN. GLOBALLY CONNECTED. SINCE 1976.

HOLMES BEACH

97 52nd Street Hannah Hillyard 941-744-7358 A4468151 $2,350,000

COVE SOUND YACHT CLUB

12903 Yacht Club Place Gregory Zies & Kathy Valente 941-779-3081 A4455943 $1,200,000

VILLAS OF HOLMES BEACH

206 52nd Street 3 Kathy Harman 941-900-9828A4464002 $989,000

MAINSAIL BEACH INN

107 66th Street 12 Kristi Berger & Deborah Capobianco 941-730-3801 A4452254 $870,000

EDGEWATER

117 23rd Street W Lynne Callahan 941-720-3278 A4479012 $749,000

TIDY ISLAND

73 Tidy Island Boulevard Kathy Valente & Gregory Zies, LLC 941-685-6767 A4477926$690,000

NORTH POINT HARBOUR

718 Key Royale Drive Hannah Hillyard & Johann Bertram 941-744-7358 A4480381 $2,400,000

MAINSAIL BEACH INN

101 66th Street 6 Kristi Berger & Deborah Capobianco 941-730-3801 A4452260 $595,000

MARINA WALK ON HARBOUR ISLE

383 Aruba Circle 201 Hannah Hillyard 941-744-7358 A4466540 $570,000

MAINSAIL BEACH INN

103 66th Street 10 Kristi Berger & Deborah Capobianco 941-730-3801 A4452245 $567,125

MANGROVE WALK ON HARBOUR ISLE

229 Sapphire Lake Drive 201 Laura Rulon & Betsy Hagen 941-896-2757A4481446$558,000

TIDY ISLAND

51 Tidy Island Boulevard Kathy Marshall 941-900-9777 A4469997$524,999

PALMA SOLA BAY CLUB

7710 34th Avenue W 301 Hannah Hillyard 941-744-7358 A4481045 $414,900

PALM LAKE ESTATES

808 53rd Avenue E 208 Laura Rulon 941-896-2757A4478827$115,000

NEW CONSTRUCTION

RIVERSIDE POINT

5477 56th Court E Tyler Hardy 941-201-8505A4480285 $624,900

According to a receptionist at Blake Medical Center, Lucino S. Tomaghelli has been released from the hospital.

BY JOE HENDRICKS

SUN CORRESPONDENT | jhendricks@amisun.com

BRADENTON BEACH – The Bradenton Beach Police Department has submitted a capias request to the state attorney’s office in association with a Sunday, Oct. 18 traffic accident that resulted in a bicyclist being seriously injured.

A capias is a warrant or court order for the arrest of a suspect or defendant. The capias request pertains to 55-yearold Longboat Key resident Robert Irwin Goodman Jr.

According to the offense report filed by Bradenton Beach police officer Steve Masi, the accident occurred at 2200 Gulf Drive N. at approximately 9:34 a.m. According to the report, Goodman was driving a Nissan SUV.

“I was dispatched in reference to a hit and run traffic accident with injuries. Upon my arrival, I was met with by a crowd of people all trying to assist the victim of the accident who was lying on the ground screaming in pain due to his injuries. The victim would later become known to me as Lucino S. Tomaghelli,” Masi wrote in his report.

“Tomaghelli was rushed to Blake Medical Center as a trauma alert due to the extent of his serious injuries sustained from the accident,” according to the report.

“At this time, numerous witnesses came up to me explaining the accident – showing me videos and advising me of the vehicle’s description, tag number and its driver this day. From witness accounts of the accident and my investigation of evidence, Tomaghelli was lawfully operating his bicycle within a designated bicycle lane, headed south on Gulf Drive North,” the report says.

“Goodman, also traveling in the southbound lane, carelessly went off the roadway and drove into the designated bike lane striking Tomaghelli from behind. Tomaghelli was not only struck, but was drug an estimated 50plus feet from the point of impact on the underside of Goodman’s vehicle, along with his bicycle,” according to Masi’s report.

“Just before Goodman stopped his vehicle, Tomaghelli was released from the underside of the vehicle and rolled out the back end along with the bicycle. Numerous people came to the assistance of the injured Tomaghelli, as Goodman’s vehicle was now stuck on a sand/vegetation embankment off the roadway. As people attended to Tomaghelli, others went over to the still running Goodman’s vehicle to advise him to shut the vehicle off as he had just hit and ran someone over. From witnesses’ accounts and video, Goodman was still trying to get his vehicle off the embankment by acceleration,” according to Masi’s report.

“Goodman put the vehicle in reverse, with the helpless and injured Toma-

ghelli still laying on the ground just feet from the rear of the vehicle. The people assisting tried shutting off the vehicle and getting Goodman out as others tried holding the vehicle back from running over Tomaghelli again. Goodman finally got the vehicle free from the embankment and sped off, heading south,” according to Masi’s report.

The report notes Masi then used the E.L.V.I.S. systen to run the vehicle’s tag number, as provided by several witnesses and the video.

“The system gave a return of the owner, with photo and exact vehicle witnesses described and that was seen on video,” according to Masi’s report.

The report notes witnesses were individually shown a photograph of the vehicle’s owner.

“All witnesses concurred that the photo viewed was the driver this day. Some witnesses also stated that the driver was giving off a strong odor of alchol coming from his breath as they tried to get him from the vehicle before causing more harm to others,” Masi’s report says.

“The evidence also showed tire tread marks and direction from Goodman’s vehicle, scrapes and dig marks into the roadway from the bicycle frame being dragged underneath, from point of impact to point of rest, but no breaking marks on the road or off-road area from Goodman’s vehicle,” according to Masi’s report.

The report notes that Officer Eric Hill then arrived on scene and assisted

Masi by going to the owner’s listed address at Sands Point Road in Longboat Key.

“He made contact with Goodman’s father and mother but they refused to cooperate with telling the whereabouts of Goodman. Officer Hill left a number and advised them to have Goodman contact him, but (he) never did so,” Masi’s report says.

Masi’s report notes that after he finished up at the accident scene he proceeded to Blake Medical Center to inteview Tomaghelli and his family.

“Victim had numerous lacerations and broken bones throughout his body,” according to Masi’s report.

Masi’s report states that hours later he drove to Goodman’s listed address to see if he had returned and was met at the door by Goodman’s father.

“I advised him I needed to talk with his son now! Goodman’s father contacted him via phone in my presence at the home address. Now on the phone and talking to Goodman for the first time since the accident, I advised him he needed to meet me back at BBPD for questioning. Goodman stated he would not be meeting me without a lawyer. I asked where his vehicle was and if I could at least look at it. He replied, ‘You will not be seeing my vehicle or questioning me without a lawyer. After I get a lawyer I will comply with your requests,’ ” Masi’s report says.

“Goodman was so advised that by not complying with my lawful order he was

SEE HIT AND RUN, PAGE 27

SUNSHINE: Judge orders reimbursement

FROM PAGE 1

In the eight-page written order on the amount of fees and costs that Nicholas issued Wednesday morning, the judge relieved co-defendants Patty Shay, Bill Vincent and his wife, Rose Vincent, of any financial responsibilities regarding the city’s efforts to recover attorney fees and additional legal costs for the civil lawsuit the city filed in August 2017.

The lawsuit sought a judge’s ruling as to whether six former city advisory board members violated the Florida Sunshine Law, which pertains to open meetings and public records.

On July 19, 2019, Nicholas ruled that Mapes, Martin, Metz, Shay, Bill Vincent and Rose Vincent each violated the Florida Sunshine Law in the spring and early summer of 2017 when discussing public business at their non-city-affiliated Concerned Neighbors of Bradenton Beach (CNOBB) meetings. At the time the violations occurred, Mapes, Metz, Shay and Bill Vincent served as Planning and Zoning Board members. Martin and Rose Vincent served as Scenic WAVES Committee members.

“It is hereby ordered and adjudged that the attorney’s fee award, as applied to defendants Patricia Shay, William Vincent and Rose Vincent is stricken,” Nicholas stated in his most recent order.

Nicholas relieved Shay and the Vincents of their financial liabilities after learning earlier this year that they signed settlement agreements with the city shortly before the July 2019 trial began. The commission then rejected the settlement agreements initiated on the city’s behalf because Mapes, Martin and Metz had not expressed interest in entering into similar pre-trial settlement agreements.

“It is further ordered and adjudged that the plaintiffs (the city of Bradenton Beach) shall have and recover from the remaining defendants John Metz, Reed Mapes and Tjet Martin attorney’s fees in the amount of $369,498,” Nicholas stated in his order.

The order also addresses approximately $31,000 in additional non-attorney-related legal costs that include court reporter fees and filing fees also sought by the city.

“The court also reserves jurisdiction to resolve the issue regarding the city’s costs to determine if they too should be imposed upon defendants Metz, Mapes and Martin,” the order says.

“The court anticipates that one additional hearing will be necessary to resolve the outstanding issues of apportionment, joint and several liability and to again determine the amount of the costs and whether they should be awarded in addition to the attorney’s fees awarded herein,” the order says.

Nicholas’ ruling was the result of hearings that took place via Zoom video conferencing on June 10 and Aug. 13.

PRE-TRIAL SETTLEMENT OFFERS

The fee recovery proceedings took an unanticipated turn during the June 10 hearing when Shay, representing herself as a pro se defendant, presented the argument that she should not be ordered to pay more than the $500 she agreed to pay in the settlement offer that Watrous and Barfield presented to her before the trial began.

Nicholas said he was not aware that Shay had agreed to settle with the city.

“Why should Ms. Shay bear the cost of a trial that she did not want to have?” Nicholas said on more than one occasion that day.

The Vincents then presented similar arguments regarding their rejected settlement agreements. Nicholas said he was not aware of the Vincents’ settlement offers either.

He learned that on June 28, 2019, the city commission rejected the three settlement agreements that acknowledged Sunshine Law compliance failures. He also learned that each of the three defendants provided the city with $500 settlement checks that were returned uncashed.

Representing the city, attorney Robert Watrous told Nicholas the city commission rejected those three settlement agreements because Mapes, Martin and Metz had not agreed to similar settlement agreements. Watrous said anything less than six settlement agreements would have still subjected the city and its taxpayers to the costs of a trial.

During the August hearing, Mapes, Martin and Metz’s attorney, Thomas Shults, claimed they never received the same pre-trial settlement offers presented to Shay and the Vincents.

REACTIONS TO ORDER

When contacted Wednesday morning, Shay commented on Nicholas’ order.

“I am grateful and so relieved. I’m just happy that it’s over. It’s been three tough years. As I stated in court, I was willing to settle this from the very beginning and on numerous occasions, when offers were made, I was willing to accept them. But as I said in the hearing on June 10th, I didn’t have the power or ability to convince the other pro se defendants to do that,” Shay said.

When contacted via email Wednesday afternoon and asked if he wished to comment on the ruling, Mapes said, “No.”

As of Wednesday evening, Martin, Metz, Shults and the Vincents had not responded to The Sun’s email requests for comment.

When contacted Wednesday afternoon, City Attorney Ricinda Perry said, “I am pleased with the detailed order from Judge Nicholas that serves to make the taxpayers whole and we look forward to obtaining a judgment to award the costs as well. The order clearly stands behind the transparency required of government so as to prevent the erosion of trust and integrity by those who serve the public. Government is called to serve the people; not the people who form the government.”

WHAT NEXT?

Sarasota-based paralegal and Sunshine Law expert Michael Barfield has been assisting the city with this case since its inception in 2017.

“It’s not over yet, but I think this is a significant victory that will go a long way towards making the city whole and healing its treasury,” Barfield said Wednesday afternoon in response to Nicholas’ order.

Barfield is now assisting attorney Mark Caramanica and Perry in the city’s defense of the appeals filed by five of the six defendants regarding Nicholas’ 2019 ruling that they violated the Sunshine Law – an appeal process Shay is not participating in.

According to Barfield, “The payment of $369,498 in attorney fees, and any additional legal costs ordered by Nicholas must be paid by the three defendants in full or by posting a bond. Only if the defendants prevail in the appeals process that is currently proceeding through the Second District Court of Appeal in Lakeland would the monies be returned.”

Regarding Nicholas’ latest order, Barfield said, “The order is not final yet in terms of it being subject to appeal. And there’s still some steps that need to be taken on the costs, as well as apportionment among the three defendants that Judge Nicholas saddled with the fees. When that happens, the city will then take the position that they (Mapes, Martin and Metz) need to obtain a supersedeas bond. If they lose the appeal, then there’s no further fighting. The city gets its money. That’s the position we’ll take and the city will insist that they post a supersedeas bond,” Barfield said.

According to the Colonial Bonds & Insurance website, “A supersedeas bond, also known as a defendant’s appeal bond, is a type of surety bond that a court requires from an appellant who wants to delay payment of a judgment until an appeal is over.”

PREVIOUS SETTLEMENT OFFERS

On Sept. 5, 2017 – less than one month after the city filed the civil lawsuit – attorney Jim Dye submitted to Watrous a settlement offer proposed on behalf of the five defendants he represented at the time: Mapes, Martin, Shay and the Vincents.

Dye’s letter noted the five defendants he represented had all resigned from their city board positions and were each willing to pay the city $100 toward the city and co-plaintiff Jack Clarke’s legal fees. That offer stated there would be no admission or denial of liability or fault regarding the alleged Sunshine Law violations. The city commission rejected that offer because it contained no acknowledgment of violating the Sunshine Law.

In March 2019, the defendants collectively rejected a settlement offer proposed by the city that requested each defendant pay the city $500 each, or $3,000 collectively, and the defendants collectively acknowledge errors were made regarding Sunshine Law compliance. The city’s settlement offer was contingent on all six defendants’ acceptance.

The defendants collectively rejected that offer and responded with a counteroffer that proposed they make a $10,000 donation to the Annie Silver Community Center and contained alternative language that said “errors may have occurred” rather than “errors did occur” regarding Sunshine Law compliance.

In April 2019, the city commission offered to accept a settlement offer that stated “errors may have occurred” if the defendants agreed to pay the city’s attorney’s fees and legal costs to date, which at that time totaled approximately $203,000. The defendants rejected that offer.

In late May of 2019, the defendants presented the city with individual settlement counteroffers that collectively sought a total of $60,902 in attorney fee reimbursements from the city and an additional $24,444 from Clarke.

“It appears to be lost on the city commission and Mr. Clarke that they are exposed to substantial monetary liability in this case. This liability consists of not just the attorney’s fees and cost the city will expend for the trial and the appeals thereafter, but also the attorney’s fees and costs incurred by all defendants,” said the offer Shults prepared on Metz’s behalf.

“The open meetings law permits the award of attorney’s fees and costs against the city and Clarke if the court finds this suit was filed in bad faith or was frivolous. The city and Clarke can rest assured that Mr. Metz will pursue his right to such award if this matter is not resolved,” Metz’s offer said.

The city commission rejected all of those counteroffers and instructed the city’s legal team to continue preparing for the trial.

HIT AND RUN: Police seek state attorney’s assistance

FROM PAGE 26 obstructing my investigation. He was also advised that he failed to render aid to the victim and left the scene of the accident without giving information or reporting the accident to law enforcment. Goodman stated, ‘I didn’t really know what or who I hit. I didn’t see anything, but I know I was wrong and understand that.’ Goodman also stated, ‘I just had people at my vehicle screaming and trying to hit me, so I drove off,’ ” according to Masi’s report.

Masi advised Goodman to meet so they could discuss what happened, but that request was refused.

“The next day I was contacted by Goodman’s hired lawyer. We briefly taked about the accident. His lawyer was advised that a capias was being sent to the state attorney’s office,” according to Masi’s report.

Masi’s report also noted the incident was being entered into the TraCS Florida data system and traffic citations were being issued.

“No further action was taken by me at this time,” Masi’s report says in conclusion.

A search of Manatee County and Sarasota County court records provided no additional information on Robert Irwin Goodman Jr. or Lucino S. Tomaghelli.

When contacted Monday afternoon, a receptionist at Blake Medical Center said Tomaghelli had been discharged.