', I ' ' / JUNE 11, 1993 VOLUME 22 #* '£ /* * •' NUMBER 24 3 SECTIONS, 44 PAGES iv!1 ' REP SANIBEL AND CAPTIVA, FLORIDA Silver Key builder drops project plan By Dawn Grodsky Armenia, a Captiva resident, did Editor not return phone calls. His attor- John Armenia, the developer who ney. Tallahassee-based Kenneth G. has been seeking permits to build Oertel. who signed the withdrawal three, single-family homes on notice with the DER, was out of the Silver Key for more than two years, country and unavailable for com- withdrew a key permit application ment. from the Florida Department of It: is unclear why Armenia would Environmental Regulation (DER) want to withdraw the permit appli- last week. cation he fought so hard to get, Armenia also withdrew a subdivi- especially when the DER had stated sion permit application with the its intention to issue it. City of Sanibel, according to the When the DER first stated its city's planning department. intent in 1991, a series of legal Silver Key is a small, undevel- cases resulted. oped island located between Clam The City of Sanibel, a consortium Bayou and Blind Pass, behind of 12 Clam Bayou-area residents, Bowman's Beach. the Sanibel/Captiva Conservation The DER dredge and fill permit Foundation, the Committee of application, withdrawn Wednesday, Neighborhood Associations (CONA) June 2, would have allowed and Committee of the Islands Armenia to build an access bridge (COTI) challenged the DER's intent. from Sanibel-Captiva Road and The plaintiffs claimed that Clam across Clam Bayou to the key, Bayou was part of the Pine Island paving the way for the development of the homes. •please see page 2A Ban clears commission By Ralf Klrcher proposed ordinance at 5;01 p.m. Staff Writer Tuesday, July 20. The second hear- Tuesday, the Sanibel Planning ing is slated for the same time, Commission finalized its recom- Tuesday, August 3. mendation for an ordinance ban- According to state law, the city ning drive-thrus at island restau- was required to send written notice rants. at least 30 days in advance to all The proposed law now goes to those property owners who would the Sanibel City Council for at least be affected if the ordinance passes. two hearings, where it is expected At Tuesday's planning commis- Frenchman Robert Gourdin, of Moet & Chandon, uses a sword to to pass with public support. sion meeting, only 20 people were open a champagne bottle during the eighth annual Southwest The ordinance might effectively in attendance for the drive-thru Florida Wine Fair last weekend at South Seas Plantation. For story stop fast-food chain restaurants ban debate, compared to a packed, and photos detailing the popular event, please see page 10A. from building in Sanibel. The council will first hear the •please see page 2A Hearing officer to render decision in suspended officer's termination By MaryJeanne McAward officer. Fort Myers attorney Robert Young was Staff Writer chosen for the job and Pritt said his decision City Manager Gary Price has chosen an inde- will be binding. pendent hearing officer to render a decision Pritt said the date for the hearing has not regarding Sanibel Police Officer Brent Cada, been set. He added the transcript from the pre- suspended from the island force April 16 on termination hearing is still being prepared; both charges of breaching police security. sides and the hearing officer need to review it. Cada allegedly revealed the identity of confi- Burandt said while he is currently going dential police informants tri a multi-jurisdiction- through the administrative process, he believed al anti-narcotics task force operation. the first hearing was unfair. If he thinks the As a result of his actions, the task force second hearing is unfair as well, he may file fed- abandoned two, long-term operations and is eral litigation. This could take the form of an claiming the safety of confidential informants unfair labor practices suit against the city, and task force agents may have been jeopar- attempts by management at "union busting." dized. The city is currently negotiating with the These allegations were explored in an internal Florida Police Benevolent Association (FPBA) investigation conducted by the Sanibel Police which is seeking to represent police department Department. After a pre-termination hearing employees in a proposed/police bargaining unit May 12, Sanibel Police Chief Richard Plager rec- antf a possible, police union. ommended to Price that Cada be terminated. Cada's attorney, Robert Burandt, asked Price Cada, the senior road officer in the depart- for another hearing and the request was grant- ment, was vocal in his desire for a unionized ed. department. Father's Day is just one week from Sunday According to Sanibel City Attorney Robert He was hired on a temporary basis in and island dads are looking forward to the Pritt. the city manager then exercised his right November, 1986 and became a full-time officer big event. For some local fathers' revela- to put the matter before an independent hearing in October, 1987. tions and their photos, please see page IB. 2A • JUNE 11, 1993 Q ISLAND REPORTER Sanctuary wells not the problem, manager says By Mary Jeanne McAward level in the well may drop because it leaks out Shuff said Sanctuary pumping may or may not Staff Writer of the casing, Scoggins said. • have had something to do with it. Paul Scoggins, project manager for the Additionally, the Lands End Place well draws Shuff said the water killed plantings; sam- Sanctuary, said officials with the South Florida from a different aquifer than Sanctuary wells. ples sent for analysis determined it is too salty Water Management District told him that, irri- The Sanctuary's four wells access the Lower to use. With the well's demise, the resort now gation wells at The Sanctuary had nothing to Hawthorne and Suwannee aquifers, and uses city water for irrigation. do with the fact that the water level of a 278- include one six inches in diameter at 450 feet; Shuff said the resort never had a problem foot artesian well on Lands End Place dropped, one 10 inches in diameter at 682 feet; and two with the well before. leaving four homes without water. 10 inches in diameter at 450 feet. Scoggins said if Tween-Waters well is 500 to Additionally, water officials said the develop- Merriam said The Sanctuary's draw down, 600 feet deep, it is drawing from the same ment is in full compliance with the permit, deep in the aquifer, does not have a direct, pro- aquifer as Sanctuary wells. Scoggins added. portional effect on what occurs in shallower 'There, it appears we are pumping from the Still, the Sanctuary, whose four wells tap wells—such as the Lands End Place well. same aquifer," Scoggins said, noting Sanctuary groundwater in the same area, paid half the Aquifers are separated by confining layers of pumping may be part of the problem. $2,175 cost for each home to connect to city clay. There is some leakage between aquifers, However, he added this well, like the Lands water. Merriam noted, adding the Lower Hawthorne End Place well, is old and there is a good Scoggins said the Sanctuary picked up half gets some upwelling from the Suwannee chance saltwater is intruding, perhaps due to a the tab for the homeowners' connections aquifer below it. deteriorating casing. Shuff agreed this may be because earlier, at a meeting with water man- He said the water management district the case. agement district district representatives, Island issues a permit if an applicant meets three cri- Scoggins noted there are many users tapping Water Association representatives and an teria: the request is reasonable; the water will into the Lower Hawthorne and Suwanee affected resident, it appeared the development be for a beneficial use and the pumping will not aquifers—including Island Water Association, may have had something to do with the prob- have an adverse affect of other users of the the City of Cape Coral, Pine Island and area lem. resource. agricultural firms. However, after water management district To prove there will be no adverse effect, "Comparatively speaking, our pumping is a officials told Scoggins the Sanctuary was not at applicants perform a series of tests. One drop in the bucket," Scoggins noted. fault, the development still assisted residents includes modeling the effect of pumping their None of the other golf courses on the barrier left dry because it had promised to do so. maximum allocation over a three-month period islands use well water for irrigation purposes; The residents signed letters releasing the without rain. The water management district instead courses use the barrier island's treated Sanctuary from further responsibility, Scoggins then verifies results of the tests. sewage for that purpose. said. While Merriam said there are a lot of Scoggins said once development at the Chip Merriam, director of the Fort Myers ser- assumptions in modeling, in part due to the Sanctuary provides enough sewage to operate vice center of the South Florida Water complex geology of the state, if the applicant the sewage plant there, which the development Management District, said if the affected resi- demonstrates its request will not have an built and deeded to the city, it will be used to dents are content with The Sanctuary's mitiga- adverse impact on other users and meets the irrigate the golf course. As the amount of treat- tion, in this case the financial assistance, that's other criteria, the permit is issued. ed wastewater increases, the water pumped the end of the district's involvement with the The Sanctuary has a permanent permit to from irrigation wells will be reduced by that problem.