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Beach kiosks Valentines page 4A pageiC FEBRUARY 10, 1995 VOLUME 24 NUMBER 6 island 3 SECTIONS, 48 PAGES REPPPTER Board out Former CROW executive director vows to keep fighting By Matthew Miller the meeting and asked why no amend- Staff Writer ments would be heard by the board The verdict is in and Kubisz is out. during the special meeting. Out of 1,379 CROW members, 303 "If Mr. Kelly were being honest he voted to oust the board of directors at would tell you that we allow public CROW's special meeting held discussion," Carta explained. Wednesday. "What about amendments?" Kelly In order for the board to be ousted, a persisted. majority vote of the total membership "Under the bylaws no amendments was necessary. The votes accounted for are allowed. You submitted to the a mere 22 percent of the 50 percent membership the call for the special plus one required votes to throw out meeting two resolutions that were sent the board. out to call this meeting, no other busi- The special meeting was called by ness is allowed. In my mind, my inter- former executive director Dr. John pretation you interpret the amendments Kubisz' attorney, Peter E. Kelly after because how in the world are the peo- Kubisz and his wife Deb were dis- ple who voicd or the proxies going to missed in September, 1994. The votes be able to vote on the amendment," came after an hour-long session in Carta pointedly asked Kelly. which both sides battled over the gov- "Our proxy holders have the discre- erning rules of the meeting. Early tion to vote on it that's why," Kelly sparks flew between Kelly and Dr. returned Phyllis Douglass, president of the "In my opinion no amendments are board, over the proper method for tal- allowed," Carta said. lying the votes and the actual operative Douglass took the microphone and meaning of majority vote. informed the crowd that three people Kelly contested that the majority from each side would be allowed two vote was not the majority of the gener- minutes each to express their views. al membership but the majority of the Several members contested the pro- membership mat voted on the subject cedures by which the meeting pro- at hand either by proxy or ballot during gressed. the special meeting. "I'd just like to know what rules we Steve Carta, CROW attorney, main- are following, I've attended many tained the meaning of majority vote meetings and held meetings and I've * was that of the entire membership, not never heard of a meeting where the just the majority of those members that rules of the meeting weren't estab- voted on this resolution amendment. CROW was the scene of heated debate and what may prove to be a Kelly questioned the rules governing •please see page 2A contested membership vote Wednesday afternoon. Council discusses beach management Drowned fisherman By Mark S. Krzos Sanibel but for our wildlife as "The people of Gulf Shores and found near lighthouse Staff Writer well," Loflin said. "This includes Gulf Pines are being misled," By Matthew Miller Phase three of the Beach a non-intervention policy by the Smith said. "Erosion is not cycli- Staff Writer Management Plan met with city and encourages a retreat from cal, it's episodic at best. These More than four days alter William Rios, 45. was approval of many islanders as the eroding beaches by letting nature people are being led to believe that reported missing in San Carlos Bay Tuesday nighi .Sanibel City Council outlined the take its course." the beach will come back in a cou- Jan. 31, the United States Coast Guard found his direction the city is taking in Although some members of tfie ple years, but those couple years body Sunday morning. implementing the plan Tuesday. standing room only crowd did not could be 10 years and that is sim- The news comes to his family of eight and Juan "Phase three begins with an like the plan, overall it was met ply not cyclical." Rios, William's brother and fishing panner on that overview of the importance of with strong approval. Smith offered an explanation as fateful night, as a tragic ending to a typical night ol beaches from an environmental "This is an excellent format for to why the plan is not the best. and economic standpoint. The defining Sanibel's policy towards "In order to have a valid beach William Rios often fished in the waters that ulti- goals set are to restore the upper beach management," Planning management plan you have to mately claimed his life. His family members plead- beach zone or dune system on an Commissioner Louise Johnson know about the geological history ed with him on occasion not to take his small jon island-wide basis to better protect said. of the island," Smith said. "Sand boat fishing, according to Juan, particularly since lie upland properties, stabilize sands Resident Peter Pappas said he dunes have never been part of was not a good swimmer. Rios ignored the warn- and enhance disrupted habitat," has never seen a better plan more Sanibel's geological history. Natural Resource Director Rob suited for a certain area and the Dunes are made exclusively from William and Juan Rios were fishing (he night of Loflin said as he launched into the people who put this plan together wind blown sand. Something must Jan. 31 when their engine stalled and left them to basic outline of the plan. should be commended. be done to prevent further erosion paddle. Soon the 10 foot jon boat began to sink. "The overall philosophy of Geologist Chet Smith disagreed because it will continue. All we managing our beaches is not only with the way the plan was being •please see page 2A for the residents and tourists of handled by the city government. "please see page 2A 2A Q FEBRUARY 10, 1995 • ISLAND REPORTER Church gets six events permits after city shuts down fund-raiser By Mark S. Krzos Community Center, the Dunes Country Club and the money for our youth missionaries," Barbara Nave Staff Writer Sundial. said. About 40 members of the Sanibel Community According to City Manager Gary Price, with the Steve Greenstein told the students and representa- Church flocked to the Sanibel City Council to request exception of the Sanibel Community Center's events, tives of the Community Church that this issue is not an additional 20 special events that would fund youth the additional events granted at the Dunes and the about God, church or helping others, it's about the missionary excursions to Russia and Jamaica. Sundial do not involve signage or uncharacteristic law. According to the Land Development Code, only uses of the property. The church's request is for "Kids, a legislative body is one of the last places six special events are permitted at a given site per events of a commercial nature. An approval of this you want to look for God," Greenstein said. year, but the Community Church feels in order to request can set an unwanted precedent and therefore Under the Land Development Code, one special raise enough money to support its charitable causes suggest that council hold firmly to the current restric- event can last up to 21 days, so theoretically one 20 events are needed. tion of six additional special events. event can give you three straight weekends, According to Community Church representative Council member Mark Westall said he was willing Greenstein said. Gary Sowers, on Dec. 10 the Community Church to grant the 20 extra permits but added that other "In law school they teach you about these sort of staged a car wash for youth mission trips and was groups would come in asking for the same. loopholes," Greenstein said as the room roared with operating in the normal fashion until a code enforce- "If a group of women want to .wash cars on belly laughs. ment officer came and shut them down for having a Periwinkle in bikinis, we'd have to grant them that Council members wouldn't budge though and car wash without a permit. Sowers said they were right," Westall said. "We would be setting an unwant- offered the Community Church a take-it-or-leave-it informed they had to obtain permits for special events ed precedent." offer of an additional six events where one event can such as car washes and other fund-raising activities. Concerned members of the public spoke in favor last an entire weekend or an entire week such as According to Council members, the car wash was of the request for the additional special events. Easter break. shut down because the group had too many handmade "I have a 17 year-old daughter and I'm asking that Council members voted unanimously to approve hand-held signs and the ordinance prohibits more overlook this permitting code and let these kids help the Community Church's six events and also than one temporary sign advertising special events. others," said Billy Kirkland of Billy's Beach Service. approved a request for an additional six events for the In the past, Council has granted additional special "Although we might not have 20 special events we Dunes Golf and Tennis Club. events in only three other locations; the Sanibel want that leeway in case we need to raise more -CROW •from page 1A "Let's look at it this For amendment of res- 51 percent of a group to affair has gotten. resigned and one way we asked for a vote, olution one, which would vote much less to vote "There is not a single remains." lished," one member the voters voted, I doubt allow the general mem- one way.