March 11, 2003

Panel Members in Attendance: Hal Miller, Dave Jensen, Ron Gibson, Gordon Hullar, Paul McCarthy, Chris van der Baars, and Peter Koury.

Audience: Eight

1. Bob Brace resigned from the Panel, as of 9:00 a.m. on 3/11/03, and was replaced by Peter Koury, who was present today as one of the two CCA appointees to the panel.

2. The minutes from the previous meeting of 2/11/03 were reviewed and approved. Motion made by Hullar, second by van der Baars. Approved 7-0.

3. No action was taken, as a bill has not been received from Morris-DePew.

4. Ken Gooderham presented a timetable for the proposed plan amendment and LDC language submission to Lee County by September 30, 2003. Discussion occurred regarding hiring a consultant or planner to assist with the LDC language, or at what point in the process should a planner be brought in. General consensus was that the more work the panel can complete on its own, the less money will be required for the planner. Van der Baars and Gooderham will develop a RFP.

Discussion continued as to whether there will be a quorum for meetings during the summer. This led to a question as to whether attendance via teleconference would be sufficient for a quorum, in the event physical attendance was an impossibility. By a show of hands, there would not be a quorum for July or August without a teleconference.

The next meeting will be changed from April 8 to April 1, at 1 pm, to accommodate member schedules. The May meeting will return to the regular schedule on May 13, at 9:00 a.m. Motion made by Miller to hold the next Captiva Community Panel meeting on Tuesday, April 1, at 1:00 pm. Moved by van der Baars, second by Gibson. Approved 7-0.

John Likakis questioned how the public was to get information to the panel if they couldn’t be physically present at meetings when public input was being sought on proposed plan policies. Mike Mullins agreed to be “gatekeeper” for messages.

5. Regarding the proposed policies for submission in September, Hullar had nothing new to report on the Captiva Drive issues, but will have information available at the April meeting. Policy on variances will be resubmitted.

6. The Mangrove Working Group met on February 13 and March 3, 2003. Notice was posted at the Captiva Post Office for both meetings. Members read and discussed the current regulations from the State of Florida, and compared them to the regulations from Sanibel. The main concern of Captiva residents is mitigation and enforcement. The Group agreed to submit the following proposal for approval by the Panel:

Mangroves on Captiva Island will be protected to the greatest extent possible and county discretionary acts involving development on Captiva Island shall not encourage the destruction or alteration of mangroves. Within one year of adoption of this plan amendment, Captivans working in conjunction with county planning staff shall amend the Lee County Land Development Code to establish a sufficient setback requirement to place fill near existing mangroves or require development designs that address the interface of fill areas with existing mangroves to eliminate impacts from fill sloughing or washing into mangrove areas. Development designs in this context include setbacks, stabilized slopes, retaining walls, rip rap revetments, etc.

According to Ron Gibson, who headed the group, regulations by the State of Florida are very detailed. Mangroves can be trimmed and can be managed, but you must follow published guidelines. Miller congratulated Gibson and his group, and Gibson also extended his thanks to the group, and others who sent information for consideration. Questions arose over who would enforce the policy. Lee County will enforce the proposed policy, with a question from Mike Kelly whether the language could encourage the state to enforce its regulations vigorously, as well. It was explained that Lee County would enforce the proposed policy as part of its building permit and inspection process, and that since the State of Florida supersedes the County, the County cannot mandate State action. Gibson noted that mitigation for mangrove destruction is mandated by the State, and Captiva’s preference is for on-island mitigation, if feasible. Gibson made motion to submit policy in September as written, second by McCarthy. Approve 7-0.

7. The Water Quality Group has not met, and is still looking for people to participate. Van der Baars will call Mike Mullins about initiating a meeting. Mullins offered his e-mail address for information, MULLINSMCP@, or his phone number, 395-3546.

8. Question arose as to whether the panel has to vote to accept CCA funding, with the major question being how the funds could be accessed by the panel. According to the motion approving the funding, the requirement from CCA was, first, that a budget be presented by the panel, and, second, that the money be used for bills starting in 2003. A budget will be presented for approval at the next meeting in April. Gooderham and van der Baars will present ideas on a Request for Proposal to hire a planner. Motion made by Gibson to accept $10,000 from the CCA for future planning, second by Jensen. Approve 7-0.

9. There was no other business or public comments, so Miller made a motion to adjourn the meeting at 10:25, second by van der Baars. Approve 7-0.

Next CCP Meeting is scheduled for Tuesday, April 1, at 1:00 pm, at the CCA Building, 11550 Chapin Lane, Captiva.

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