CCP goes over third set of Code concerns
The Captiva Community Panel dived into discussing how to address the third of four categories of issues raised by islanders as part of its process for updating the Captiva Code during its meeting.
On Feb. 12, the panel tackled the topics under “clean air and water protections.”
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 topics 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 November, panel consultant Max Forgey presented his completed research, which entailed examining the 31 pared-down issues and compiling a report on how similar communities dealt with, prohibited or limited them, as well as checking for any Lee County regulations already in place.
In his final report, Forgey divided the 31 topics into four categories: protection of natural resources; protection of community resources; clean air and water protections; and buildings, signs and lights. The panel will focus on one category each month, with the aim of finishing up the discussions in March.
At the recent meeting, the panel covered regulating existing septic systems, fertilizer use and nutrient runoff, ban use of class of rodent poisons, dog feces pickup, rental houses beyond septic capacity, limits on gas-powered leaf blowers, trucks idling on Andy Rosse Lane, extend golf cart zone to ‘Tween Waters and transition to electric golf carts.
After the panel’s discussion on each, the public had the opportunity to provide input.
For regulating existing septic systems, President David Mintz outlined what the proposed septic regulation may entail, including identifying and inspecting the systems, repairing or replacing failing ones, requiring them to be pumped out every five years or six months, based on type, and more.
He continued that the question is whether residents want that for Captiva.
Mintz added that the regulation would not be about bringing old systems up to code.
“They have to be functioning,” he said of the intended goal.
Mintz explained that the suggested language was crafted based off previously proposed state legislation, which later was tabled and has now been brought forward again by officials.
“I tried to craft this in a way that the county would accept it,” he said, noting that the language in the island regulation can be modified as more information or the proposed state legislation comes out.
Mintz added that it received a high level of support from respondents of the panel’s survey.
Mirroring the survey, those attending the meeting voiced support for septic regulation.
“I think it’s wonderful and amazing that you’re doing this,” Linda Laird said. “I think we should go forward posthaste. I can’t imagine the community not being 150 percent behind you.”
Another resident agreed.
“If we choose not to do it, it sounds like the state is going to do it anyway,” he said.
The panel voted unanimously for staff to draft a proposed ordinance.
On fertilizer use and nutrient runoff, Mintz summarized for the audience Lee County’s existing regulation, along with Sanibel’s stricter rules and other communities, like Martin County.
“What they’re trying to prevent is what we have a really big problem with here,” he said.
Mintz noted that storm runoff during heavy rain drains into the bay.
“That breeds blue-green algae, nutrients, and there you go,” he said.
Before opening the topic up for discussion, Mintz recommended that Captiva either stick with the existing county rules or adopt a new stricter ordinance like Sanibel to make it easier for landscapers.
“I think two might be a nightmare,” he said.
Panel Member Jay Brown voiced support for a change.
“It seems to me we should just adopt Sanibel’s regulations,” he said, adding that the sister islands are in a similar situation. “They’ve been at it for a long time – and the landscapers know it. It would just make sense to me that we would just adopt it.”
The panel voted unanimously to draft a proposed ordinance mirroring Sanibel’s rules, but also incorporating a part of Martin County’s even stricter rule about not fertilizing in heavy rain.
Mintz reported that rental houses beyond septic capacity was a big issue on the survey.
“We know overcrowding is causing pumpers to come out,” he said.
Mintz suggested postponing a decision while the alternative wastewater strategy continued.
Panel Member Mike Lanigan explained that septics and overcrowding is an issue in the Village, and area residents have been searching for a solution. He reported that there is no law against the number of people allowed in a residence, and no fire code or septic capacity rules that can be used to prevent it.
He added that they want a tangible enforceable regulation to give to rental agencies and such.
After some discussion, the panel directed staff to research the subject and come back with something tangible, quantifiable and enforceable for the island if they could in terms of a proposed ordinance.
For limits on gas-powered leaf blowers, Mintz went over the pros and cons of both gas-powered devices and electric blowers, including noise level, pollution and running time on gas and batteries.
“It’s really just the maintenance people who are using blowers,” Lanigan said, adding that landscapers would need to be the ones to follow and enforce any potential rules.
However, the audience voiced agreement that gas-powered ones are a determent to island.
“I think the biggest issue is the noise,” Laird said.
The panel agreed to get input on transitioning to electric blowers from landscapers.
“But I think there’s a general sense that if we can do something, we want to do it,” Mintz said.
On banning use of class of rodent poisons, the panel also decided to gather additional feedback from experts and pest control companies before making a decision on whether to draft an ordinance.
“Lee County does not regulate pesticides beyond state law,” Mintz said opening the discussion.
He added that the Sanibel-Captiva Conservation Foundation recommends rat traps.
Panel Member Rene Miville pointed out that when poison is used, the rats can end up dying in the walls of a home or can be eaten by birds, like hawks and owls, which ends up killing the birds.
“The non-poisonous way is a good way, the poisonous way is a bad way,” he said. “I would put an end to it.”
Treasurer Tom Rathbone added that birds of prey are predators, so without them rats thrive.
While the panel and audience discussed extending the golf cart zone to ‘Tween Waters, the topic was tabled until a further date. In addition, the panel decided not to do anything on the subjects of dog feces pickup and trucks idling on Andy Rosse Lane after the discussions revealed neither were a problem.
For transitioning to electric golf carts, the panel and audience had an in-depth talk on the lack of options for recharging the vehicles, the pros of them over gas-powered carts and how renting golf carts has become one of the main attractions for Captiva visitors – like a “live like an islander” to do.
“It’s one of the things that truly attracts people to the island,” Jimi Batchelor, owner of Sunny Island Adventures at the South Seas Island Resort, said. “People want golf carts when they’re here.”
During the discussion, he noted that switching to electric would be great.
“But it has a lot of obstacles with it,” Batchelor said.
Mintz suggested looking further into the idea but transitioning over a period of time, like five years.
“I think this is something that we have to continue to talk about,” he said.
The panel floated the idea of setting up a committee.
At the March meeting, the panel will cover “buildings, signs and lights.”