The Captiva Community Panel was updated on the legal efforts related to South Seas and Lee County at its recent meeting, plus heard an update from the Island Water Association (IWA) and a proposal.
On Feb. 10, Panel President David Mintz gave an update on behalf of Protect Captiva — the coalition seeking to maintain longtime building height and density limitations on the island. He reported that there are seven pending lawsuits over the county and resort’s efforts to increase the density and heights.
He provided an overview of the cases, along with new updates for a couple of them.
The Captiva Civic Association (CCA), R.L.R. Investments and Royal Shell Vacations, 12 South Seas condominium associations, and eight South Seas timeshare associations filed a petition for writ of certiorari to invalidate the county’s move to rezone the resort to permit increased density and building heights. The case has now been assigned and is pending before Circuit Court Judge James Shenko.
A status conference is scheduled for March 26.
In another case, South Seas claimed that the 912-unit limit in a 2003 settlement agreement between the CCA and county did not include hotel units. It filed the lawsuit against the CCA for saying that it did.
A status conference is set for April 6.
Finally, the resort filed a lawsuit against the panel claiming that it did not produce all of the public records that it requested related to the matter. An answer by the panel’s attorneys has been filed.
Also during the meeting, Mintz presented a letter to the panel from an island Relator.
The Realtor shared that many South Seas timeshare owners no longer have access to the resort’s restaurants and are unable to park golf carts in areas where parking was permitted under the previous ownership. As a result, visitors are often forced to choose between bringing a vehicle or golf cart.
They noted that the change is likely to increase vehicle traffic and parking demand on the island, particularly during the busy season, which already experiences congestion and could now see more.
The Realtor continued that South Seas offers trolley transportation to guests to the front of the resort, and the Realtor proposed setting up a transportation service from that entrance to restaurants and destinations throughout Captiva for the busy season, which would decrease vehicle traffic and benefit businesses.
The Realtor compared it to the former S Car Go service that was offered before the hurricanes.
Mintz reported that they asked the panel if it would be interested in weighing in on the idea for the transportation service. He shared that it should probably hear from the resort’s associations first.
Treasurer Sandy Stilwell Youngquist, who owned and operated the S Car Go, was asked for her input.
She reported that she thinks it would be a great community service and she has no objections to the proposal. Her jeep and trolley were damaged in the storms and she does not plan to restart the service.
After some discussion, the panel agreed that it should hear from the South Seas associations first.
Also at the meeting, IWA General Manager Diana Wilson provided an updated presentation on the “Water Revenue Sufficiency Study Outcomes — Proposed Revised Rate & Fee Adjustments.”
She reported that rate adjustments are required because:
– IWA last adjusted rates in 2009 (16 years ago)
– Inflationary impacts on operations and maintenance costs (fiscal year 2026 revenues projected to be less than operations and maintenance expenses)
– 10-year, $122 million Capital Improvement Plan (resiliency/reliability, renewal/replacement, and capacity expansion)
– Establish an Emergency Reserve Fund
As for what changed from the IWA’s original proposal, Wilson reported:
– $34.6 million in newly awarded forgivable and zero-interest loans, which will be added to the $10 million in previously awarded grant funds
– Recommended rate adjustment reduced from 21% to 18%, which will be applied to all billed services annually from 2026-28
– Membership fees updated to consider the impact of the award, and fees remaining based on cost per Equivalent Residential Unit (ERU) — 1 ERU equals the average water use of a typical household
As for their proposed rates adjustments, she explained that it would be 18% in 2026, 2027 and 2028. Based on the increase, a monthly bill at 5,000 gallons would increase $5.29 in the first year to $7.41 in the third year. A bill at 10,000 gallons would increase $8.84 in the first year to $12.36 in the third year, and a monthly bill at 15,000 gallons would increase $12.99 in the first year to $18.11 in the third year.
In conclusion, Wilson noted:
– First rate increase in 16 years
– Modest impact on typical household water users
– IWA’s rates remain well below the regional averages, even after the increases
– Capital projects are essential for system reliability, infrastructure renewal and growing irrigation demands
– New Emergency Reserve Fund ensures operational stability during future disaster recovery
IN OTHER NEWS
– Secretary and Stormwater Committee Chair Jay Brown provided an update on the stormwater management study taking place for the island. He reported that the county’s consultant is not happy with the modeling to address rainfall and flooding, so presentation of the results will be delayed.
– Captiva Island Fire Control District Fire Chief Jeff Pawul shared that they received a number of requests for CPR classes. He reported that the district does offer the class for free for residents, community groups and such, but it does charge businesses. Those interested can submit a request through the district’s website at captivafire.com or contact the station at 239-472-9494.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email