—INDEX Arts & Leisure 5B A Guide to the BIG Arts Fair Insert At Lara* 5A Calendar 4B Classifieds 7C Cltvslde 11A Commentary 8A Span opens Thanks' Crossword 8C Environment 3C County officials Soldiers write Police Beat 2A Recreation 8B cut ribbon on new return letters Remember When 4A Blind Pass Bridge 3A to students 3A 1961-1990 Still first on Sanibel and Captiva VOL. 29, NO. 47 TUESDAY, NOV. 20, 1990 THREE SECTIONS, 44 PAGES 50 CENTS Residents consider challenging city's election By Louise Henlgman said Burton, who declined to give the name Islander staff writer of the attorney representing the group. Newly-elected Sanibel City Council The other members of the group are member Wally Kain should legally be in Paulette's husband, Dudley; Maxene Michl, the Nov. 27 runoff election with candidates Maggie Greenberg, and former City Jerry Muench and Roz Wegryn, claims a Council candidate Gwen Zimmerman, who group of five residents who want to came in last in the Nov. 6 election. The challenge the Sanibel's new election group has "no axe to grind" with any of the process. council candidates, Paulette Burton said. Kain won one of two open council seats They just want to see the city do what is during the Nov. 6 general election when "morally and legally" right, she said. his name was chosen on 52.01 percent of , , TJte referendumjquesiion on the 1989 nss~tiitti&ar casT'fbr cuy council ballot reads in part: "An amendment to the candidates. However, he received only Sanibel City Charter ... to provide for 27.58 percent of the total votes cast. election of City Council members without That's because under the city's new regard to designation of seats; electing the system of open elections, a council candidates receiving the most votes who candidate has to capture a majority of the also receive a majority of the votes cast..." votes from only the ballots that have a The section of the charter which was council vote marked. Any ballots that amended after the referendum was adopted contained no City Council votes, or which now reads in part: "The candidates receiving were improperly filled out, were the highest numbers of votes shall be disqualified. declared elected to such seats, provided each The new elections procedures were of such candidates receives votes from a written into the city charter after being majority of the electors who voted in the adopted by a voter referendum during last election." Those final words, "in the year's election. But the system that Sanibel election," were later determined to mean in voters approved last year "is entirely the Sanibel City Council election only, different" from the system that the City of not in the general election. Sanibel is implementing this year, Paulette If the group's attorney advises that its Burton said. Burton is one of five members should seek a declaratory "concerned citizens and taxpayers" who judgement on the matter, that would entail have recently sought an attorney's advice going before a judge, who would then on whether the city's new election process decide the issue. can be challenged in court. "They're within their rights to do what If this year's City Council election had they consider necessary. Whatever happens, been run in accordance with how the happens," said Sanibel City Attorney Bob proposed charter amendment was written on Pritt, who wrote both the 1989 referendum the Nov. 7, 1989 ballot, Burton said, Kain question and the resulting charter would be in the runoff election with amendment. "I'll have to go back and see Muench and Wegryn. what they're talking about. They've never Phoio by PETE SLGSSGN "We have an attorney in Fort Myers who talked to me about it. Most of the people Three young ospreys examine the surrounding waters from the safety of is consulting with the elections division in in the city were apparently happy with their nest located atop one of the waterway markers in Pine Island Tallahassee at this time. Our next step, if Sound. necessary, will be a declaratory judgement," Please see ELECTION, page 13A Debate continues Artist LaTona explains purpose of dolphin fountain gift By Frank Wagner presenting to the public the best in animal art, in all of his business endeavors, wildlife graphic and T-shirts. Islander staff writer media. Considering all this, it is understandable that he and his "... and the natives are restless!" To further solidify this long-term commitment to these partners feel that their proposed bronze sculpture and Those few words ended a powerful statement written by ideals, they pledged a certain percentage of their profits as fountain by noted California sculptor, James "Bud" Michael LaTona for the first public announcement of the contributions to various organizations for the care and Bottoms, to grace the front area of the Sanibel-Captiva July opening of the Jungle Drums Gallery on Captiva. rehabilitation of animals, especially endangered species. Chamber of Commerce, has been grossly misunderstood The statement spoke of the gallery's commitment to all This type of contribution is certainly nothing new for and unduly attacked. creatures of nature and the promotion of understanding LaTona who for many years has been a benevolent The ruthless attack on a joyous water sprite riding a between man and his environment. It was LaTona's credo benefactor to such wildlife rehabilitation and research dolphin and expressing universal happiness and spirit and that of the co-owners, Kathleen and Jim Mazzotta. organizations across the country, in fact, around the world. This was to be accomplished by assembling and He has contributed large sums of money from the profits Please see LATONA, page 9A All the following Information was taken directly A suspicious person was reported being seen on West from Sanlbel Police Department reports. POLICE Gulf Drive between Kings Crown Condominiums and Sand Point Condominiums Thursday, Nov. 15. The person A resident on Periwinkle Way complained Friday, Nov. BEAT was seen digging in the ground, and then hiding every time 16 that loud music was coming from somewhere behind a vehicle would come by. Police could find no such her home. When an officer located the source of the person. sounds, a man told him that his son was having a party A Fanner City, 111. man had to have his trailer removed and that he would take care of the problem. from the Sanibel Causeway weigh station after he drove Ronald Allen Barks of Fort Myers was ticketed for the vehicle partially off the edge of the scale. Neither the allegedly going 57 mph on Sanibel-Captiva Road A Kissimmee man and his wife reported Friday that after trailer nor scale were damaged. Thursday. they had gone swimming in the pool at the Sundial, they noticed one of their bicycles was missing. While an officer A water shortage violation was issued Friday morning to A Denver woman reported that she hadn't realized she had was talking with the man, his wife walked up with the 465 Casa Ybel Road for the use of lawn irrigation at an left a gold necklace at the Sundial until after she had left bike and said that when she had gone back to the pool after unauthorized time. The resident received a $25 fine. Fort Myers. When she contacted the Sundial, she was calling the police, she noticed that the bike had apparently informed that the necklace had not yet shown up. been returned. No one was seen near the bicycle, she said. A set of golf clubs were found by an officer doing a routine check at The Dunes Friday. They can be claimed at A seriously injured eight-foot-long alligator was 8 A trespassing warning was issued Friday to a Sanibel the Sanibel Police Department. removed from Sanibel-Captiva Road near Wulfert Road (0 man whose former wife complained that lately his drinking Wednesday. It was determined that the alligator had been problem had gotten worse and that she no longer wanted A Periwinkle Way resident reported hearing gunshots hit by a car and was near death. him living in her house. The couple were divorced because near his home Thursday. Police were unable to find the of his drinking, she said, but he had promised to take care cause of the disturbance. Mary Hamler Carpenter of Sandcastle Road was charged of the problem. Saturday, Nov. 17 with violation of the animal nuisance law. Her dog was roaming the neighborhood. Police were called after the dog approached a two-year-old child, making the child's mother fearful. Officer Dennis Benjamin said it OPEN HOUSE was at least the third time police were called in relation to LIGHTHOUSE POINT #318 the same dog roaming loose. 200 PERIWINKLE WAY Please see BEAT, page 15A Tuesday, November 20, 1990 - 9 AM to 12 Noon CONSTRUCTION INC. and 1 PM - 5 PM Please call PAUL OF S.W. FLORIDA Marian Balke, Realtor Associate After Hours: 466-6339 STATE CERTIFIED GENERAL CONTRACTOR REMODELING ADDITIONS Spacious 3 bedroom, 2 bath condo with views of sanctuary and bay. NEW CONSTRUCTION $239,000 1020 Periwinkle Way, Sanibel QUALITY INTEGRITY CRAFTSMANSHIP The Prudential V/l 813-472-4000 Florida Realty 800-245-7284 Toll Free An independently owned and operated member of The Prudential Real Estate Affiliates. Inc. CGC046485 81 3"472"0uOO THE JACARANDA SAL Up to We may win most of the Dining Awards... but you would never know it by our reasonable prices. 1990 TASTE OF THE ISLANDS 1st PLACE ... The People's Choice Award ... Selected by the public as their favorite restaurant on the Islands 50%off featuring Selected Gift Ware FRESH NATIVE SEAFOOD • ANGUS STEAKS FABULOUS PASTA DISHES • AND MUCH MORE 30%-35% off Thanksgiving at the Jacaranda 14 kt.