CCP sets process for reviewing issues raised by islanders
Starting with its December meeting, the Captiva Community Panel will decide how to address a narrowed down list of islanders’ concerns as part of its process for updating the Captiva Code.
At the Nov. 13 meeting, President David Mintz explained that panel consultant Max Forgey had completed his research, examining the 31 pared-down issues and compiling a report on how similar communities dealt with, prohibited or limited them, as well as checking Lee County regulations.
Earlier this year, the panel hosted four public workshops and put out an online survey to gather feedback from property and business owners on a range of potential island-related concerns. The list was later cut down by eliminating issues that involved preemptive legislation, already had laws or regulations in place to address them, ranked lowest on the priority list for the public, and so on.
In his final report, Forgey divided the 31 subjects into four categories: protection of natural resources; protection of community resources; clean air and water protections; and buildings, signs and lights.
Mintz proposed that the panel discuss and decide what to do – or not do – about each issue by tackling one category each month, starting with the December meeting and running through March.
“Lee County has offered, by the way, to come to the meetings while we’re doing this,” he said.
Mintz noted that it may take the panel additional meetings to decide on all the concerns.
“It is a lot of work,” he said. “It is hard work.”
Treasurer Tom Rathbone questioned how they would decide which issues get addressed.
Mintz explained that using the data and report, the panel would vote on each one.
“We’re going to make a decision,” he said. “The buck stops here.”
Mintz asked for a consensus on the proposed approach and timeline, which the panel agreed to.
Once the final list of concerns to be addressed is determined, Forgey and panel consultant David Depew – with the help of Administrator Ken Gooderham – will create language for each one of the issues. The panel then presents the proposed Code changes and such for the island to Lee County.
JOINT PETITION
Also at the meeting, attorney Ralf Brookes provided the panel with an update on the joint petition against a rule by the South Florida Water Management District on the Caloosahatchee minimum flows and levels. The administrative hearing was held Oct. 29-30, and he attended as the panel’s counsel.
Brookes reported that the filing of the proceeding’s transcript was delayed due to typos and mistakes, but it would be filed that day. He added that the co-petitioners’ recommended orders are due on Dec. 7.
Following the hearing, the district filed a motion to reopen the hearing to include testimony from city council representatives for the co-petitioners, such as Sanibel, Fort Myers Beach and Cape Coral.
“The judge found that that would be irrelevant,” Brookes said, adding that it was denied.
At the Sanibel City Council’s Nov. 6 meeting, Mayor Kevin Ruane and City Attorney John Agnew reported that the judge has 30 days to provide a ruling of either valid, partially valid or invalid.
WASTEWATER RESEARCH
Also during the meeting, Panel Member and Wastewater Committee Chair Jay Brown provided an update on his efforts to collect more data and information to supplement the Captiva Island Wastewater Alternative Study, conducted by TKW Consulting Engineers on behalf of Lee County and the panel.
Brown had offered to gather the data in areas of the study that the panel felt lacked details.
Some areas of concern included how the costs of implementing a central sewer system – if island property owners chose to do so in the end – were broken down, environmental benefits versus risks of septic systems compared to a central sewer system, and the impact of the rising sea level on septics.
Brown reported that he had taken part in two meetings in the last month. The first meeting involved Ruane, Sanibel City Manager Judie Zimomra and top city staffers. If the city proceeds, as expected, on the Donax Wastewater Reclamation Facility upgrade, it will be able to accommodate the extra users.
“The city of Sanibel will have sufficient processing capacity to handle all of Captiva, not just portions of it,” he said, adding that it was an important meeting because Ruane voiced support for the move.
“I think we have a better understanding now that the capacity exists,” Brown added.
Vice President Mike Borris questioned if Sanibel property owners would have to approve the partnership by way of referendum or something for Captiva to join the wastewater system.
Brown said he did not believe so, that it would be a city council decision.
His second meeting, held two days earlier, was with Lee County Utilities Director Pam Keyes and county staffers. They discussed the logistics of how Captiva would join the Sanibel system if property owners decided to do so, such as directly or setting up a municipal taxing authoring via the county.
Brown noted that he was informed by the county staffers that a study, which will be released in a few weeks, found that septics in North Fort Myers are releasing effluents into the groundwater. On a related note, the county decided it would not prevent the panel from creating a regulatory regime for septics.
“Lee County would not block us from attempting to do that,” he said.
At the panel’s September meeting, Brown and Gooderham reported that they contacted the Florida Department of Health in Tallahassee on regulatory regimes and discovered Charlotte and Lake counties have them. Set up through the local health departments, applicable tanks are inspected every five years to ensure that they are functioning properly; however, they are not “monitoring programs,” as such.
Brown proposed that TKW’s presentation to the public on its study be set for Jan. 23 at 7 p.m. at the Captiva Civic Association, which was agreed to. He noted that the panel is not expected to speak.
“This is just for TKW to present its study to our community,” Brown said.
“The panel has a lot of other work to do and a lot of other information to gather,” he added.
Mintz emphasized that the panel’s efforts to collect additional data to supplement the study is not because it is for central sewer, it is to provide the public with as much information as possible.
In terms of gathering the extra data, Brown reported that he has been having difficulty.
“I haven’t been able to make much progress with them,” he said of trying to meet with water quality experts like the Sanibel-Captiva Conservation Foundation and Sanibel’s Natural Resources staff.
Many of them, understandably, have been busy with the water quality and red tide problems.
Brown suggested that an expert or consultant might be required to accomplish the task.
He said he plans to present the panel with a proposal at the December meeting.
THE ISLAND STORE
During public comments, Calli Johnson of Bailey’s General Store provided the panel and meeting attendees with some big news. Bailey’s is purchasing the building and signing a lease with the owner.
“Our plans are to take over the business and continue operating it much like it has been operated in the past,” she said, adding that the primary goal of Bailey’s is to serve the needs of the island community.
On that note, Johnson asked for feedback on any needs that went previously unserved.
“Please let me know,” she said to those present.
Bailey’s intends to continue the relationship with Molly Malone Seafood.
“We’re really looking forward to serving the Captiva community better than we already do at our primary location,” Johnson said, adding that the store will feel similar to its market at Sundial.
The business is set to tentatively open before the new year.
She noted that the building owner wants to do some renovations in 2019.
“So, hopefully, you’ll see some big, good-looking changes in the future,” Johnson said.
IN OTHER NEWS
– The panel voted unanimously to send a letter to Sanibel Natural Resources Director James Evans congratulating him on his service to the country and local environment. He was recently honored at the city’s Annual Veterans Day Ceremony on Nov. 11 for nearly nine years of service in the U.S. Army.
– Panel Member Mike Lanigan, on the Development Committee, reported that the panel will host a “Welcome Back to Captiva” Sunset Cruise on Dec. 3 from 5 to 6:30 p.m. on the Lady Chadwick. Open to the public, tickets are a $100 suggested donation, with the proceeds to help fund the panel’s work.
– Branch Manager Colleen Barany reported that the Captiva Memorial Library and Rauschenberg Residency will present “Sorted Books,” with Rauschenberg Residency artist Nina Katchadourian, on Nov. 27 from 2 to 4 p.m. She will introduce attendees to the working methods and principles behind her project, “Sorted Books,” and will offer tips and guidance as they try sorting books themselves.
– Lee County Sheriff’s Office Lt. Mike Sawicki introduced new Deputy Nicholas Garber.
– The panel’s Communications Committee is seeking feedback and suggestions on its new website from the community, as well as recommendations for any possible content to add to the site.