CAPTIVA COMMUNITY PANEL

Minutes
March 9, 2004


Panel Members in Attendance: Hal Miller, Peter Khoury, Ron Gibson, Dave Jensen, Chris van der Baars, Gordon Hullar, Harry Silverglide, Renee Miville

Panel Members Absent: John Madden

Audience: 43

1. The meeting was called to order at 9:05 by a roll call of members.

2. The minutes of the February 10 meeting were approved as presented. Motion by van der Baars, second by Gibson. Approved 8-0.

3. Gibson announced that there will be a public meeting in April regarding the Blind Pass Project, sponsored by the CEPD, the date to be announced. There will also be a meeting on March 17 at the Captiva Island Yacht Club, open to the public. Interested people should call the Yacht Club at 472-4133 for reservations. This meeting will be at 11:00 AM, and will be headed by Alison Hagerup of the CEPD.

4. Ken Gooderham announced that the text amendment submission was turned in to Lee County in advance of the February deadline, and he has digital copies available for panel members. The County Evaluation and Appraisal Report review may last well into the fall months, and Gooderham will advise the panel of the schedule of staff review and hearings.

5. Bob Taylor was present to share information about the proposed project by Plantation Development at South Seas Resort. Miville asked to read a letter from SSR property owners Gary and Sheila Bello regarding the proposed drawbridge involved in this project and the effect it would have on their personal watercraft and use of same.

Van der baars shared information from Section 112.3143, Florida Statutes, that refers to voting conflicts for county, municipal, and other local public officers.

Instructions for compliance with Section 112.3143, Florida Statutes: A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, Florida Statutes, and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity.

For purposes of this law, a relative includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A business associate means any person or entity engaged in or carrying on a business enterprise with the offer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange).

Van der baars explained that he must abstain from voting on this particular issue, although he may legally participate in discussions by disclosing orally the nature of his conflict before participating. A copy of his conflict of interest form is included with the official records of the Captiva Community Panel.

Taylor opened his presentation by giving a brief history of Mariner and its involvement with South Seas Resort, beginning in 1971. Mariner purchased South Seas Resort in 1972, and went before the Lee County Commission to request that its unit cap be reduced to 912 units.

The current plan calls for 24 new units (the final ones allowed under the cap) to be constructed on the 7.4 acres of property to be known as Harbour Pointe. The six buildings of 4 condominiums each would bring the total units to the prescribed 912. This would complete the development rights of Meristar on the SSR property. These buildings are all planned to be within or below the height limit on Captiva, with very extensive permitting required by all agencies involved.

Kevin Irwin, representing Kevin L. Erwin Consulting Ecologist of Fort Myers, spoke regarding the ecological interests affected by this proposed construction. There are archaeological sites and shell mounds on the property, but only minor ones in the area of proposed construction. The major areas are in the areas that will be preserved in perpetuity, all submerged wetlands. Mariner remains very open on discussions on how to proceed with the property preservation. Irwin spoke about the road that runs through the proposed preservation area on the bay side, and indicated that with the construction of a drawbridge to access Harbour Pointe, this road would be removed. It has been in place for approximately 50 years, and was built above grade. Once the road is removed, the natural tidal action will flush the mangroves, and the roadway area will return to its natural state.

Taylor explained that a drawbridge connecting the area of Marina Villas and the SSR Golf Course to the new development would be the most feasible access, giving emergency vehicles and guests the most efficient and easiest access to the property. The proposed bridge will connect the two areas at the golf course, with some redesign of the course to be accomplished. At the point of construction, the Channel to Bryant Bayou is 3-4 feet deep at low tide, and approximately 6 feet deep at high tide. Expected design would be that of a remote control bridge, providing easy access for those living on Bryant Bayou.

After a few clarifying questions from panel members, the audience was invited to participate in questions; the following covers some of the topics brought up:

Where would the bridge connect the properties? (At the golf course)

What is the length of time required for construction? (With all approvals, construction could begin in mid 2005, and take approximately one year.)

Would it be possible to barge the supplies in, avoiding driving through SSR property? (This is possible, but would be very costly.)

Are the units proposed to be timeshares, or ownership? (Full ownership.)

How would the sewers be designed? (A line would connect, under the Bayou/Channel with the existing SSR sewer plant.)

Would there be docks for the new units? (No docks will be built; a cantilevered landing platform for a water taxi is in the current design.)

Would the SSR golf course be disrupted? (Temporarily. One hole will be redesigned to accommodate the access road to the bridge. Sod will be utilized to expedite recovery, and work will be scheduled for late summer or early fall.)

Would the height limit for Captiva be maintained? (Yes)

Are there plans to eliminate Associate Housing at SSR and replace the buildings with rental units? (No)

As there were many questions regarding the type and size of the proposed drawbridge, Taylor announced his intention to return for the April CCP meeting to discuss the issue further. Access to the property will also be by water taxi, and there will be a cantilevered landing site for this vehicle.

NOTE: You can find details of the Harbour Pointe project
HERE. (Opens in new window.)

Taylor agreed to provide this information to the Captiva Property Owners Association and the Captiva Civic Association for inclusion on their web sites. Documents were provided to the panel members as well as the audience outlining the plan, as well as an aerial view of the proposed development. Any questions posed by community members or interested parties may be posted through community websites and Taylor will respond to these, as well, at the next meeting.

The next meeting of the Captiva Community Panel will be April 13, 2004, at 9:00 AM, and is currently scheduled to be at the CCA Building on Chapin Lane.

The meeting was adjourned at 10:12, motion by Hullar, second by Miville.

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