July 10, 2007

Panel Members in Attendance: Nathalie Pyle, Rene Miville, Mike Mullins, Dave Jensen, Gordon Hullar, Sandy Stilwell, Harry Silverglide, Ron Gibson

Audience: 25

1. Jensen called the meeting to order. Gibson moved to adopt the minutes of the regular meeting of June 12, 2007, seconded by Mullins. No objection, motion carries in a 8-0 vote.

2. Safety Shoulder Committee Update: RANDY CERCHIE, DOT
Cerchie asked the Panel if they felt the survey results were a green light to start the project. The Panel agreed that it was and Cerchie told them they were still in permitting, expecting to be through that by the end of the month. Cerchie said that they would start the project down the Tween Waters stretch since Island Water was not replacing the water main there, and then they would chase Island Water through the completion of their project to avoid a dual clean-up.

Jensen told Cerchie to start with the Tween Water's stretch and Cerchie said that he would be back as soon as they got permits. Hullar commented that they should break during season. Cerchie stated that the entire project should take approximately 3 to 4 months to complete. Pyle reminded the Panel that they had hurried to get the surveys out so that the project could piggy-back on the Island Water project. Jensen suggested that someone work with Cerchie throughout the project, and Pyle said it did not need to be micro-managed; the community had already spoken their support.

Pyle moved to let the county proceed when they received the proper permits in the manner they saw fit, seconded by Miville. Stilwell added a friendly amendment to cease construction during February and March, which was accepted by Pyle and Miville. Motion passes in 6-2 vote.

Pyle Aye
Miville Aye
Hullar Aye
Stilwell Aye
Gibson Aye
Jensen Nay
Silverglide Nay
Mullins Aye

As Libby Walker rode with Cerchie, Jensen moved this further up in the agenda. Paul Garvey, Captiva Civic Association executive director, asked to have the Panel officially recognize their survey results. Jensen thanked Garvey, apologized for the miscommunication in not getting him on the agenda and offered to put him on the agenda in August.

Miville told the Panel that there was good news; the county had hired R.L. Willoughby of Power Services to represent the interests of Captiva and formulate a real scope of work. Walker told the Panel that after they had received some real costs, a real scope and real numbers, she would then look to the Panel to see if it was interested in an official petition. Walker stated that two-thirds of the property owners would have reply in favor of the project before they could pursue it. Miville said that it was a good time to consider all utilities and Cerchie told him if they were even considering sewer, that there was no reason to repave the road during the safety shoulder project, they would just wait until the additional projects were complete.

Mullins told Panel members that Bonita Springs had requested a resolution encouraging the utilities companies to take a larger cost share of undergrounding utilities. Pyle said they were gathering information and would move on to deciding about a petition when they had more information. Walker told the Panel that the scope of work should be complete in September. Silverglide asked if there was a way to upgrade the reliability of the system in the meantime, even if it was decided not to underground electric. Mullins reminded the Panel that LCEC was regulated by the federal government, not the state government.

Bickford informed the Panel that as part of the Clean Water Act, the county was working on a restoration plan for the waters within the county's boundaries, specifically with the Charlotte Harbour Basin beginning next year. Pine Island sound, Pine Island, lower Sanibel through the side of Cayo Costa were seen as having high nutrients and bacteria within the water. Bickford said that they would have to show that improvements were made in the area within the next five years.

Bickford said that some reasons these areas were above their total maximum daily load were due to fertilizers, septic and being at the end of the river. In the formulation of the Basin Management Action Plan, the county is encouraging communities to be more pro-active and develop their own standards. Gibson asked Bickford if the SCCF monitors were helpful to them and she stated that they had not been peer-reviewed as of yet so while they could use the information, there was nothing to standardize them with.

Bickford said that if Captiva Island wanted to become proactive, they could set up an MSTU or Trust to maintain septic on the island, or look into additional options, such as cluster systems. Pyle said that they realized there were things that could be done locally but that it was also important to recognize they were part of a larger picture as well.

Kirk Woodbury introduced himself next as the new executive director for PURRE. Woodbury stated that he ran nonprofits but was just getting familiar with PURRE's mission. Woodbury said they were currently working to restore what was here and trying to bring groups together so they could be heard as one voice. Understanding the problem, lobbying and working towards a solution were stated as goals of PURRE.

Pyle asked Woodbury if they could tie in for a Captiva study, but Woodbury said they needed more of a comprehensive study. Silverglide stated that he would not be heading the Water Quality committee.

Woodbury said that there were things for people at all levels to do and that he hoped to come back with what the Panel could do. Silverglide asked what difference it made if from island to island, or county to county, the same regulations weren't in place, referencing the Sanibel fertilizer regulation. Woodbury commented that everyone over fertilizes anyway. Mullins asked that water quality members and chair be added to the Panel's ad calling for potential for members. Pyle suggested that when there was a committee in place, they would work with PURRE.

Mullins informed the Panel that Sanibel was starting to look into ways to clean up the beach and he thought Captiva should as well before there was more red drift algae or dead fish from red tide on the beach.

Mullins moved to ask the Lee County Coastal Advisory Council, at their Regular meeting of August 27, 2007, to coordinate with the Captiva Erosion Prevention District in the formulation of a beach clean-up policy for Captiva Island, including potential use of mechanical means currently being explored by the City of Sanibel and to identify funds that have been specifically budgeted for this purpose on Captiva Island by the Lee County's Beach Renourishment Trust Fund Capital Improvement Budget, seconded by Hullar. No objection, motion carries in a 8-0 vote.

Gibson excused himself for a prior commitment.

Holzheimer informed the Panel that there was a SkyWarn training and committee meeting the day following the Panel meeting. She said that the Hurricane Conference had gone well and that they had a good turnout for their presentation. Holzheimer said they were not duplicating the work of officials but rather dealing with what they would not. Holzheimer reinforced that the island is very vulnerable to storm surge and that Captiva really was only a speed bump for a storm. She said that forecasters were getting better at tracking weather, it was important to listen to their advice, and to always plan for a storm a category higher.

Stilwell had passed out financial statements for the Panel and stated that she needed a budget so that she knew when and where she could spend money. It was confirmed that $3,000 had been approved for the Hurricane Committee. Miville also said that Gooderham would need a new and specific critical path as he had been focusing on underground utilities.

8. BYLAW AMENDMENT: Mullins informed the Panel that the 2006 agreement with Lee County no longer required appointed seats. Mullins told the Panel that they could not vote on this matter until the next meeting but he wanted to start the topic this month. Mullins had received a letter from Hal Miller, Captiva Property Owners Association president, informing Mullins of this change and Mullins felt it was inconsistent with the Bylaws since it was not required. Article 9, Section 3.

Pyle suggested that they take a bigger look at who the Panel really is and that she would not be for an amendment that made the CPOA's strings tighter; "Are we a 501c3?" she asked. Silverglide inquired into why an independent Panel had appointed seats. Holzheimer suggested that the Panel reach out further into the community for members. Silverglide said that it was only when there was an issue that anyone else showed up. Mullins asked that everyone bring their own ideas with them to the August meeting. Pyle stated that the only way to be a unifying body would be to make the Panel independent.

Stilwell moved to consider an amendment to the Bylaws at the August meeting, seconded by Pyle. No objection, motion carries in a 7-0 vote.

9. OTHER BUSINESS AND PUBLIC COMMENT: Miville suggested that Kevin Ferrell be the Panel's representative for the causeway celebration but the Panel members felt it should be one of them. Mullins had said he would if no one else would in a previous meeting and assumed that it would be him.

Bob Janes, Lee County Commissioner, had come to the meeting to see what was going on. He thanked the Panel for the opportunity to visit, reinforced that the county was working on a fertilizer ordinance requiring training, education and enforcement. He also said that they were letting the state set the nitrous level. Mullins asked that Janes thank Nan Summerall Gonzalez. Miville thanked Janes for getting Walker involved in the underground utilities.

Cindy Fox, Captiva property owner, asked if the Panel had looked into doing anything about the empty trolleys running form South Seas. Pyle suggested that she call resort manager Craig Schwan.

Stilwell moved to adjourn the meeting, seconded by Hullar. No objection, motion carries in a 7-0 vote.

11. Adjourment: The meeting adjourned at 11:43 a.m.

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