H ^ soccer seasott see ;pap#• 19 The islands' *****»*#**** CAR-RT SORT **R003 newspaper 15900001004125 THU OOOOOO oj record SANI BEL LIBRARY 770 DUNLOF RD BEL FL 33957 Ramsey Fisher I Week of July 1 - 7, 2004 SANIBEL & CAPTIVA, FLORIDA VOLUME 31, NUMBER 26, 20 PAGES 75 CENTS Sanibei to celebrate Independence Day on Saturday, July 3 By Donna T. Schuman Annual Community Picnic at the site on The City's Fireworks Display will be sion of fireworks on the island. Public Staff Writer Periwinkle Way between the Sanibei shot-off at dusk from the north end of fireworks displays are allowed under the Community Association and Casa Bailey Road. Best viewing is from the ordinance if a qualified pyrotechnic Islanders will show their patriotism Mariposa. Causeway and on Causeway Road, operator who may only conduct such a Saturday as the City of Sanibei cele- The menu for the festivities include according to Zimomra. The Sanibei display upon the approval of the Sanibei brates Independence Day on July 3. hot dogs, chips, soda, water, frozen Police Department will be enforcing the Police Department and the Sanibei Fire The day, filled with fun, food and fes- snow cones, popcorn and freeze pops, city's Fireworks Ordinance as it does tivities for all ages will start at 9:30 a.m. which are all free. annually. The city's ordinance prohibits See CELEBRATION and conclude around 3 p.m. Saturday. As they did last year, the city will the use, transport, discharge or posses- The Sanibei Community Association, prep the picnic site, staff several booths, page 19 Sanibel-Captiva Chamber of as well as provide games, prizes, tents, Commerce, Sanibel-Captiva Lion's tables, stages, chairs, electrical hook- Club, Rotary Club of Sanibel-Captiva, ups, dumpsters, Port-o-lets and adminis- BIG ARTS, Sanibei Community Church, trative staff support. The city will also Controlled burn behind SCCF Sanibei Museum & Historical Village be in charge of tearing it all down at the and the City of Sanibei have worked end of the day. hard to make this family oriented event The Sanibei Community Association a success. will be donating use of their facilities, "Our community picnic is a wonder- tables and chairs. The Sanibel-Captiva ful opportunity for all citizens of Chamber of Commerce will coordinate Sanibei to collectively celebrate our the business community's involvement country's patriotism and Sanibel's civic in the picnic. pride," City Manager Judie Zimomra Doubling its contribution from last said. year, 'Tween Waters Inn resort will Last year over 2,000 people partici- donate 4,000 hot dogs to this year's pic- pated in the Independence Day nic. The resort's 2,000 dog donation last Community Picnic. year was a huge hit. The festivities begin with the city's Other generous islanders have also 13'" Annual Independence Day Parade. contributed to this year's picnic. The The route starts on Tarpon Bay Road Sanibel-Captiva Islands Chamber of and ends Casa Ybel Road. The road will Commerce, Billy's Rentals and Colonial be closed from 9 a.m. until the parade Bank will contribute 2,000 bottles of finishes. water, Mike McMurray, of VIP Realty Mystery writer, Randy Wayne White, Group, plans to donate 2,000 freezer known for his books about Doc Fdrd, pops' and 1,000 apples. Other contribu- will be this year's Grand Marshall. In tors include Barb Rich, Gilda Suarez, addition to White, other local celebrities Vasanta Senerat and Dick Muench of such as Mayor Marty Harrity and the Periwinkle Park and Lazy Flamingo, the Sanibei City Council will be seen wav- Sanibel-Captiva Lion's Club, Rotary Professional and volunteer firefighters from the Sanibe! Fire Control District con- ing to the islanders lined up along the Club of Sanibel-Captiva, BIG ARTS, ducted a controlled burn in the tract of land behind the Sanibei Captiva parade route. Sanibei Community Church, The Dunes Conservation Foundation on the morning of Friday, June 18, 2004. The burn took Immediately following the parade, Golf & Tennis Club, the Sanibei place under the direction of Assistant Chief Danny Duncan. Photographs by Jim the city of Sanibei and other island Shellcrafters and the Sanibei Museum & Anderson, volunteer firefighter and Realtor with VIP Realty. organizations will host the Second Historical Village. Lee County files counter claim seeking $12M from City of Sanibei By Donna T. Schuman The City of Sanibei made that claim as part of an Sanibei argued the agreement should have been Staff Writer amended complaint filed against the county. upheld based on the Florida Interlocal Cooperation Act In its defense, the county claims Sanibei has failed to of 1969 which allows two governmental bodies to enter Lee County hopes to collect more than $12 million state a cause of action and the court lacks jurisdiction on into a contract with one another. dollars in surplus toll revenue that it paid to Sanibei over the matter of interlocal agreements to consider the claim. However, Seals ruled that despite the agreement, the the last 16 years. Lee County has complete authority over the construc- government possessed with sovereignty would have the In response to the city's claim that Lee County did not tion, operation, maintenance and control of the roadway final say. maintain the Sanibei Causeway bridges, Lee County has and bridges comprising the causeway, according to its The City of Sanibei says it has endured at (east $2.2 issued a counter damage claim stating those revenues written response to the city's complaint. million in direct damages since the fragile state of the were paid to Sanibei under the terms of an unenforceable "The interlocal agreement and Sanibel's claim that it causeway bridges was discovered. interlocal agreement. has standing to maintain a cause of action for damages The majority of those damages came from weight "These amounts were unlawfully paid to the plaintiff involving the county's past maintenance of the causeway restrictions placed on the causeway after span B failed in (Sanibei) and should be refunded to the defendant Lee are contrary to Lee County's exclusive powers," the early 2003. To adjust to the restrictions, the city ordered County, with interest," the county's claim states. response stated. smaller waste removal trucks and paid additional fees to Earlier this month Lee County Circuit Court Judge In his ruling on June 5, Seals said that as the owner, vendors making extra trips on and off the island. James Seals ruled that Lee County must respond to alle- the county had the right to replace the causeway. Seals Assistant Lee County Attorney John S. Turner, who is gations that it did not maintain the causeway "in sound also ruled that the county's policing rights over the cause handling the case for the county could not be reached for repair and good operating condition" as stated in the way could not be contracted away to the City of Sanibei, comment. Sanibei City Attorney Ken Cuyler was also interlocal agreement between the two entities. despite what was written in the interlocal agreement. unavailable. While the city plans its next move, the county contin- ues its plans for the Sanibei Causeway. Lee County IKS Commissioners approved a $168,895 amendment to its contract with Post, Buckley, Schuh, and Jernigan, Inc. for • COMMFNTARY page 5 New Funding Contest at Sngeborg the Sanibei Causeway Improvements Study. The amend- • l-Krn.RS page 6 for project Library Grosser ed contract covers additional work over the next two years such as bridge inspections, repair design, engineer- • DATHLINF page 8 Mauksch ing and environmental support, legal support and expens- • PI;RMNS&DEEDS... page 11 es. A noted islander has The Commissioners also approved a $20 million bud- • OBITUARY page 12 Local kids design their Project gets new funding passed, having lived a get amendment to provide funds for the Sanibei from countv, city & own mini-floats for Causeway. The action establishes the accounts necessary • TV 1 isnvcs page 13 Independence Day remarkable ii fe of impor- CEPD. tant accomplishments. to maintain the repayment of the commercial paper loan • PoiicrBr,vi page 16 for the replacement of the causeway bridges. » CLASMIIEDS page 17 — Sec page 3 See page 9 - See page 12 • SPORTS page 19 2 • Week of July 1 - 7, 2004 • ISLAND REPORTER Red, White and Blue Sunday at Sanibel Community Church With the 4th of July on Sunday, the deal with the age old question of "why do Sanibel Community Church will celebrate good people suffer?" with patriotic hymns and worshippers • Sanibel Community Church offers three dressed in red, white and blue. While our worship opportunities every Sunday. At 8 allegiance is to Christ first, we come with a.m. there is a traditional service. gratitude for the freedoms we have as Communion is open to all followers of Americans. Christ. At 9 a.m. a contemporary worship Dr. Daryl Donovan, Senior Pastor will experience happens with vibrant songs of preach a stirring message from the Book of worship led by the Praise Band. A second Job entitled, "My Redeemer Lives!" He will traditional service takes place at 10:45 a.m. JgQAD DiiK' Ihnhsidr and I njo) Woulhwatciing Delights 110m the Sea The Sanibe! Captiva Optimist Club it Doesn't Of \n> / nshttl 2004 Official Entry Form OPTIMIST CLUB For an early start time, take this form along with entry fee ($35.00) to: * -**.&- Gramma Dofs Bank of America 1037 Periwinkle Way across from lazy Flamingo next to The Bait Box Seaside Saloon Team Name: Wmru'i dl I 1 la^lc n\ tlic* Drivel's Name:.