3 C0 K, - XT 01 N* tt o 2. <^ B. g or af cr oo y a? oo i w C 2a Ul county forrri agreement over Bowman s Beach access Seeking some resolution of the long- they jointly submit the question of whether After receiving the Helgemo letter, and lenged the desirability of spending $225,000 standing dispute over access to Bowman's the County has any right to an easement to following discussions with Sanibel City to purchase beach access, the bridge and (Turner's) Beach, the City of Sanibel agreed the footbridge to the Circuit Court in a Attorney Neal Bowen, Humphrey made a parking space in the Bowman's Beach area, on Tuesday to join with Lee "County in any petition for declaratory relief. proposal that Sanibel join with the County and instead proposed the purchase of litigation concerning the easement and the This, said Helgemo, "would avoid the in any litigation on the easement and property near the end of Beach Road on the footbridge leading to the county park. notoriety and expense of closing the bridge; that Sanibel proceed immediately to eastern end of the island. The footbridge was built about three bridge." He did add, however, that his determine a suitable area for parking and She pointed out that this would mean that years ago by Nationwide Realty under an clients "would also want to reserve the right proceed to condemn the land; and that the visitors to the island could get to the beach agreement with Lee County that provided, to close the bridge if the suit was not costs of such litigation, land acquisition, more quickly and without putting an added among other things, for compensation from progressing toward an early determina- purchase of the bridge, and other related burden on the roads by travelling the 13 the County for the bridge. tion." - _ expenses, be paid from Sanibel Causeway miles to Bowman's Beach. Although the County recently agreed to - Helgemo said that after reviewing the reserve funds up to $225,000. pay Nationwide approximately $19,000 for facts, it seemed "the County is wasting It was on this Humphrey proposal that She said the City and Council could the costs of the footbridge, it then became everyone's time and money by contesting Council acted favorably on Tuesday. purchase about four acres in the area of uncertain whether Nationwide was inter- the fact there is no easement and the bridge In a letter to Council and the Lee County Loggerhead Cay for parking for only ested in accepting the funds without first belongs to Nationwide*" Commissioners, Mrs. Faulette Burton chal- $192,000. __ securing reconsideration ot "theTitettStoy' allocation for' the developer's^ -Sanibel Bayous subdivision. Last month, Stephen Helgemo, attorney representing Nationwide, proposed to County Attorney James Humphrey that Captiva study funds okayed The Lee County Commission agreed This little blue heron in Wednesday to spend about $10,000 for an engineering study on rebuilding a revet- flight is a magnificent bird, ment along a half-mile stretch of Captiva and is regularly seen on Road SW near 'Tween Waters Inn on Sanibel and Captiva, usual- Captiva. The approval was tempered, however, by ly in wet areas - fresh water word from County Administrator Lavon marshes in the Old Bailey Wisher that more bids must'be sought for the study before a contract is awarded. Refuge or salt water tidal Representatives from the Captiva Civic flats in the 'Ding' Darling Association went'to the County Commission Refuge. meeting Wednesday to ask that a portion of • Captiva's share of Sanibel Causeway surplus operating profits be used to pay for the study. The Naples engineering firm of Stanley Hole had agreed to do the study for $9000 to $10,000, but at Wednesday's meeting Mrs. Wisher noted the county has to advertise for bids before awarding a contract. That could set the revetment project back at 'Hands ofF may be cure for sickly palms least a month, noted Sam Conant, the immediate past president of the Civic By Bradley Fray have any affect on freeze damaged trees." Halleck has seen fungi and insects on the Association. Halleck said he has examined coconut palms he has examined, but not, he says, The study will ,be financed from the Island homeowners, concerned about palms on Sanibel and county-wide, and the types that will damage the trees. $50,000 account Captiva has accrued from what to do for their sickly looking, winter believes that most of the trees, if left alone, "Copper fungicide would prevent bud rot, a the surplus Causeway funds. Captiva is freeze damaged coconut palms, may be will survive the freeze damage. - fungus that is in the air and can attack the allocated 4% of the surplus funds, Sanibel better off doing nothing. "The frost froze water into the lower trees," he said, "and Malathion will deter 26%, and Lee County 70%. One Sanibel - resident, harried over portions of the bud and damaged some of insects. Both would provide an extra The study will mark the first Captiva droopy, brown fronds on the palms in her the tissue," Halleck said. "It left weak spots measure of preventative protection, unless project to be financed by the Causeway yard, said that she called the Agriculture in the bud, and as the bud pushes up in the you overspray, but they aren't necessary to funds. Department's Extension Office in Fort spring, brown spots are noticeable. save a freeze-damaged tree. And, if the tree The study will map the procedure for Myers for advice. She was told to treat the "Another problem'was the high winds is severely damaged by frost, neither one constructing an "improved and permanent" affected trees with applications of copper we've had recently, which bent some of the will save it." revetment along the erosion-scarred-road fungicide and Malathion, an insecticide. new fronds over," Halleck said. "Those are Sanibel-Captiva Conservation Director between Tween Waters and the Post Office "Those treatments could be good pre- browned and probably will die, but I don't Dick Workman agreed with Halleck, Road on Captiva, according to Conant. ventative measures for other conditions foresee that the tree will die. We may have saying it would be better to be patient and The county's Division of Transportation that affect the trees," said Lee County a lot of funny looking trees for about a year, let the trees take care of themselves, other will do the construction work. Forester Dave Halleck, "but they won't but I think they will be okay." than providing routine care. A2 April 22,1977 Island Reporter Island Reporter April 22,1977 A3 Mariner cited for alleged negligence Alleging negligent design and construction in a Sanibel in Sanibel Moorings, it was agreed that the buildings would IN BRIEF "be constructed in the design of and of the materials used in Mario Hutton in a "city first" condominium built by The Mariner Group, Inc., the Sanibel Moorings Condominium Association and its president, the model condominium units." Richard Allen, filed suit for damages in the circuit court last They say that the first four buildings completed, one of SCCF tract now favored week. which housed the original model, included roofs of The complaint focuses on the charge that the roofs in 12 of "reinforced eight inch concrete slab." It is then alleged that wills hulk of estate to Sanibel The members of the Sanibel City -Hall the 16 buildings were "inferior in quality, design, value and in 1972 the design of the remaining buildings was altered usability" compared with those specified in the.plans. "without notice to purchasers and prospective purchasers." Mario Hutton, well-known Sanibel resi- multi-volume collections, would be willed to Site Selection Committee have once again Taking strong exception to alfegations that the buildings It is alleged that these roofs were inferior in quality, dent, made it known this week that upon his the Sanibel Library. exercised their right to change their were constructed in violation of the building codes, Mariner resulting in "severe leaking, rapid deterioration and death the bulk of his estate will go "to the Preceding formal Council acceptance of minds. The Committee reviewed a new president Robert Taylor said that he thought it delarnination, improper and inadequate drainage," and "in City that I love" -- the City of Sanibel. the offer to the City, Mayor Porter Goss offer from the Sanibel-Captiva Conser- "unfortunate" this legal action was taken. need of continuous extensive repair," and now in need of The unusual- move, the first such gift expressed the hope'that it be "a long-defer- vation Foundation Friday and found it to . While agreeing that when concrete was in short supply in replacement. , since the City was formed, was formally red gift to the City." be the best so far. The 17-acre tract is at 19tf2 the builders had switched from "concrete slab roofs to The Association and other plaintiffs are seeking damages announced by Mayor Porter Goss at the In moving to accept the gift on behalf on Tarpon Bay and Island Inn roads. It has trusses, Taylor stated that truss-built buildings were of $330,000 plus attorneys fees and costs; from the Council meeting on Tuesday. the City, Councilman Duane White express- common on the island and throughout the county and were defendents on each of two charges: breach of contract and Hutton, a dedicated conservationist and ed appreciation for "the great contribution been offered at $105,000, the least "in no way. in violation of the building codes." breach of implied warranty.