Files Formal Complaint
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PORTER Week of Jan 25-31,2001 SANIBEL & CAPTIVA, FLORIDA VOLUME 28, NUMBER 4, 75 CENTS Committee crisis At die fiisl Sanibel Wildliie Committee meeting of the No vote for Captiva yeai, committee members discussed the city council's decision not to leappomt would leact to the pioposed leieiendum. Stuart Stauss, last years chair- Delegation rejects "I'm very optimistic about today — man we've done out homewoik and met all the —See page 2 referendum bid guidelines," said Bill Fenniman, ClCI'b chauman, pnoi to the tevtew By Mason Laderer "The study by the [Florida] House .staif County fobs Undblad Staff writer Enck Lindbald, executive utised some questions and concerns that duector of tlie Sanibel- Captiva incoipoialion efloits weie wete answeied, and 1 see no reason why Captiva Consei-vation biought to a halt by the Lee County the delegation would not suppoit a refer- Foundation, has been named Legislative Delegation on Fuduy, Jan 19. endum " to Lee County's 20/20 The delegation voted 4-2 against the Paul McCarthy ol CPOA explained Committee He will help the sponsoiship ol a bill in Tallahassee that the reasons why he felt the leferendum county acqune enviionmen- would place a leieiendum on November's was bad lot Captiva tally sensitive land ballot "This (the ciowded council chambers, —See page 5 Moie than 200 Captivans uovvded the loimal settings, and all the attitudes that old Lee County Comthouse s county accompany the political arena) is the tea commission chambet beyond its seating son that 1 am opposed to citjhood,' he capacity to jcpiesent then lespective sides said on the goveinance issue * City hood would bung this soit ol pol- iticking and envuonmenl onto the island Warmer is better On bchall ol the mcoipoiatton piopo- nenls, the Capti\a Incoipoialiun C oninut and it wouldn t he |usl a one-tune Capt Tim Bry<int discusses tie Inc (C1CI) came m with seseial thing it would be a w ly ol hie i think the con elation between using i<-Lindens plus a Hiitcd bu1- load Mippoit most people came to C apli\a to avoid \\\v- water tempcratuies and bettei 1 soil ol thuu Ithe uuoipoiatusl don't lishmg, but says that the in .' 11 io uki^i'dum Ml nuc he aunt! yd ic'ah/e the impact ol this politicking" inland waters near powei luw itnd-while Iutts and then sunshine The Captiva icteiciiduin issue was the plants are still your best bet pins, which represent the "Let the sun- tost item on the delegation's agenda and, —but watch out for mana- shins m^<m*G$&% OKgl, bx tti<& time- tt was itp for wvfew the tees IheoirpQraftian opponents, fihd Capfiva chambers were iolled to the point that the —See page 4 Properly Owners Association (CPOA), which included residents, island business wails were lined with standing onlookers. owners and island workers, also wore pins , State Rep, Carole Green, (R-Fort that represented their own motto, "Master Myers), and chairperson of the delega- plan yes, city no1" tion, began by joking, "By the looks of the Michael Pistella Prior to the delegation's review of the Surfing for sweeties Both sides of the incorporation debate were proposal, both gioups appeared confident E> See Captiva Valentine's Day is well-represented at Friday's meeting. and optimistic about how the delegation page 3 approaching fast, so J Peg Webster searched the net for sites that can help you tell your loved ones just how loved they are, even sisters —See page 7 'Properties' files formal complaint By Pete Bishop ordinance prohibiting lentals outside the ing Properties in Paradise, the injunction is a Staff writer resort-housing district lasting less than 28 prelude to a permanent injunction and a possi- days. ble lawsuit asking for monetary damages. A Local real-estate firm Properties in Paradise City Attorney Douglas Wyckoff received hearing on the temporary injunction was Council comments Inc has lequested a temporary injunction the motion for a temporary injunction from the scheduled for Jan 30, but has been postponed against the city of Sanibel and Sanibel Code 20th Judicial Circuit Court Jan 17. indefinitely Mayor Nola Theiss and Vice Enforcement Officer Ray Hendzel, claiming "We haven't answeied the complaint," "The ciux of the complaint is to permanent- Mayor Dick Walsh have the search warrant and seizure of records Wyckoff said Tuesday, "and don't have to yet ly prevent the city from doing this again," said wnttten commentaries this Liles, "plus return the property they seized." week Theiss explains the Hendzel conducted Jan 12 was illegal We have 20 days after receipt to file an Shaied Vision Program she The city served the search warrant and answer " has developed, while Walsh seized lecords from Properties in Paradise in According to Paul Liles of Hussey and |> See Complaint reflects on his first two connection to alleged violations of the city's Liles, the North Fort Myers law firm represent- page 15 months in office —See page 9 Letters Commission allows Jon Lil]equist announces a meeting in Fort Myeis con- cerning the causeway and Armand Ball talks about the Mitzi Lane duplex focus set for the Five-Year Budget Projection Review asked for a 15-foot variance, Committee By Pete Bishop Staff writer which would give a 35-foot set- —See page 19 back from Mitzi Lane rather than The Sanibel Planning Commis- the 50 feet required. sion gi anted a variance request The planning commission's Tuesday that will allow David decision to grant the vanance ends • Fishing Burrus and his wife, Dr Tomann a long ordeal foi Burrus and Conti, Michael Piitella • Environmental News page 5 Conti, to build a 2,100-square-foot who originally asked to build 25 • Looking Back page 6 duplex on an irregulaily shaped feet fiom Mitzi and were denied A view down Mitzi Lane off Periwinkle Way in SanibeL • Business & Technology page 7 parcel of land on Mitzi Lane later requests to build 33.5 feet commission decided to leopen dis- Bean, Whitaker, Lutz and Kareh • Opinion page 9 Burrus and Conti asked foi the and 70 feet lather than the cussion on the duplex at foimer Inc. presented a new plan for • Emergency blotter page 12 vanance because they could not fit requiied 75 feet fiom Peiiwmkle Chairman Steve Gieenstein's Burrus and Contt's duplex that • Dateline page 16 the sti ucture on their lot, which is at the Nov 14 planning commis- lequest, and the issue was placed met the required 75-foot setback • TV listings p ige 20 boidered by Periwinkle Way and sion meeting on Tuesday's agenda • Obituanes page 21 Mitzi Lane, which curves toward At the Nov. 28 planning com- At Tuesday's meeting, Tracy p> See Duplex Bean, a certified planner horn •Classifieds Penvwnkle at the site The Buinis' mission meeting. ho\\e\ei, the page 13 2 • Week of Jan. 25-31, 2001 Q ISLAND REPORTER •»•' liland News Wildlife committee in turmoil Brown then suspended the meeting Sanibel politics, member Dick Walsh voted against Stauss Members furious agenda and opened the floor so the com- and this com- at the Dec. 19 city council meeting. mittee could "ventilate." mittee has Gopal Pati, identified as one of the two over Stauss ouster While the feeling that the city council become part of members who complained to the council, acted irresponsibly in not reappointing Sanibel poli- defended his actions, stating his evalua- By Pete Bishop Stauss was almost unanimous among tics." tion of Stauss had been distributed to all Staff writer committee members, much of the discus- Committee the members of the committee and calling sion also centered on the lack of trust cre- members Layne accusations that he violated the Sunshine The Sanibel Wildlife Committee met ated by committee members who com- Hamilton and Law "dirty politics." for the first time this year on Jan. 18, but plained to the council. Molly Krival According to Pati, dissension on the put discussion of wildlife on the back Committee member Bev Postmus said also mentioned committee arose last year from "structural burner in order to talk about the turmoil she was upset because "members betrayed the possibility of and communication barriers" rather than surrounding the Sanibel City Council's the trust of the committee by not airing resigning. Stauss politics, and he asked that the committee decision not to reappoint Stuart Stauss, [grievances] here in the committee, where Hamilton said hold a meeting to form a consensus con- last year's chairman, to the committee. it belongs. The city council made an arbi- she was "flab- cerning its agenda and goals. "There are Talk of dissension, distrust, Sunshine trary decision and did not investigate both bergasted" by the city council's decision pressing issues that affect this island," he Law violations and the possibility of res- sides." and was considering resigning because said, "and we need workers out there." ignations dominated the session and the Postmus also said, "I frankly don't "the committee is not functioning." Brown said he has tried to find out why selection of a chairman and vice chairman know how this committee will get any Krival called the council's action "out- Stauss was not reappointed at two differ- was delayed until the Feb. 15 meeting. work done" with the dissension resulting rageous," saying, "the person who was ent council meetings, but "we may never The committee did decide to forward a from the situation. "Maybe we should punished was the person who tried to hold know why." Still, he said, "We need to rise letter to the city council objecting to its keep the newcomers, and let the rest of us things together.