February 11, 2003

Panel Members in Attendance: Hal Miller, Dave Jensen, Chris van der Baars, Ron Gibson, Gordon Hullar, Elaine Smith

Audience: Eleven

The meeting was called to order by Hal Miller at 9:00 a.m. on Tuesday, February 11, 2003.

Minutes from the December 10 meeting were e-mailed to panel members. Motion was made by Jensen, second by Hullar, to accept the minutes as presented with one change as amended. In the section concerning the 2003 Budget, the sentence should read, "Hullar felt it was appropriate to ask CCA for funds to pay for future activities."

Status of Plan Approval and January 9 Hearing Action
Jim Mudd announced that at the January 9 Lee County Commission hearing the plan was adopted. The state has 45 days, from January 9, to respond to the action.

Review of Morris-Depew & Associates, Inc. Bill
There was no bill submitted from Morris-Depew Associates, Inc., so no action was taken on this matter.

Discussion of CCA Funding Proposal
Gibson was asked to ask the CCA to fund development of land development code language. As it was not on their agenda at first meeting, the CCA board scheduled a special meeting to handle the discussion. After discussion, an official meeting was called, whereby a motion was made to provide CCP with $10,000 to help fund development of land development code language. Lee County provided $10,000 for the same purpose.

Gibson said he believed the CCA put a stipulation on the money that it would go directly to the planner, and would be for future work, not to pay past bills. Questions arose as to whether CCA would or should have input on who is hired as a planner. A detailed budget will go to CCA with information regarding estimated planner costs prior to payment.

CCA also gave $10,000 to Referendum Captiva, as they support both positions, the right to vote on the referendum and the planning process.

Chris van der Baars asked whether the planning process the best use of this money, and, if so, who is the best person to facilitate this process.

Approval of Revised Panel Budget
Hullar felt the panel needed a more detailed plan of action for 2003 before focusing on the budget. If agreeable, the panel will use present budget as guideline. This was supported by Jensen. Hullar made motion to accept the budget as an estimate, based on not having details, creating a more detailed budget after creating a plan, second by Jensen. Approved 6-0.

Discussion of Panel Legal Status
Gibson said that questions have arisen concerning the panel's legal standing. What is the individual liability for panel members? If it was not associated with CCA or CPOA, would the panel have broader support on Captiva? Does the panel need by-laws or a set of rules under which to operate?

Stella Farwell asked how residents are named to the panel? The current makeup of the panel consists of 5 members to be named by the CPOA, 2 members to be named by the CCA, and 2 members at large. Miller noted that there is information on the county website on the county code governing community panels and other issues raised here.

Discussion ensued about the pros and cons of incorporating the panel as an independent entity, and mention was made of liability insurance, legal fees, and filing fees. Jim Mudd added that the Estero community panel has already incorporated.

Discussion of Sunshine Law Noticing Requirements for Mangrove Subcommittee Meetings
Gibson has formed a subcommittee to investigate this issue, and needs one more volunteer, if possible, to join them. He is meeting with county representatives on February 13, and will post notice of this meeting at the Captiva Post Office.

Discussion of Proposed Work Plan and Schedule
Hullar said that the purpose of the Captiva Community Panel is not to solve problems, but to make choices on what issues should be investigated. Hullar presented a list of possible future work for the panel based on previous discussions, as follows:

1. Panel membership. Should members be elected or appointed? Should there be attendance requirements to have a quorum at each meeting? Motion made by Gibson, second by van der Baars, to include this on a future agenda. Approved 6-0.
2. Governance Forum. Should the panel work with someone to have a Governance Forum on the island? Hullar made a motion that this should not be a panel project, second by Jensen. Approved 6-0.
3. Finalizing current policies under discussion. Some discussion ensued, but Hullar suggested these were already scheduled for future work, so no motion was made.
4. Possible new policies. Hullar made motion to continue work on policies listed in #3 of a handout he provided detailing the five policy areas the panel has already agreed to pursue, and recognize that issues such as signage, downtown parking, building size, and water quality should be reserved for LDC work.
5. Plan for LDC work. A request was made for panel members to look into individual policies. Current timeline for submission for change is spring and fall. Note was made that we have just 3 meetings left before summer recess.

For the next meeting, Hullar said the panel should focus on bringing closure to CCP-9, resubmission of the mangrove issue, and LDC items for preserving the canopy on Captiva Drive. Research will continue on the ground water contamination issue. Mention was made that the county Health Department is willing to help with this. Miller will take the lead on the water issue, assisted by Mike Mullins. Smith and Gibson will add history from previous work.

An item of interest from Mike Mullins was presented, that of a public notice for a permit application involving use of tidal wetlands on Captiva. The applicant is proposing to construct a 3 level piling single family residence, pool, driveway and septic system. Motion made by Gibson, second by Hullar, to move that the CCP respond in writing to the U.S. Army Corps of Engineers requesting that the Corps delay the issuance of permits pursuant to Section 404 of the Rivers and Harbors Act of 1899. Approved 6-0.

Meeting was adjourned at 11:20. The next CCP meeting is scheduled for Tuesday, March 11, 9 a.m. at the CCA building, 11550 Chapin Lane, Captiva.

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