The Captiva Community Panel discussed the bayside resiliency project, heard of infrastructure plans, and was updated on the legal efforts related to South Seas and Lee County at its recent meeting.<\/p>\n
On March 10, Panel President David Mintz reported that the Captiva Erosion Prevention District (CEPD) voted to postpone work on furthering the bayside project. As the panel originally passed off the project to the CEPD, he drafted a letter to the CEPD suggesting maybe the panel take it back.<\/p>\n
Mintz explained that the panel could work on the project and then bring back any ideas to the CEPD.<\/p>\n
\u201cThe CEPD was not interested in the offer that I made them,\u201d he said.<\/p>\n
Secretary Jay Brown asked if they could work again on the project without the CEPD\u2019s approval.<\/p>\n
Minz reported that he thinks the panel can do so. He explained that they transferred the project to the CEPD because the CEPD has the ability to secure funds for possible projects and the panel cannot.<\/p>\n
Mintz noted that the panel could try to raise funding from nonprofits or the county.<\/p>\n
\u201cI don\u2019t think the CEPD has sole jurisdiction over this,\u201d he said.<\/p>\n
Panel Member Linda Laird, who worked on the project when it was under the panel\u2019s umbrella and with the CEPD as a commissioner, suggested that if the panel takes the project back up, it should create a group or committee to review the work to date and decide what may be of value to the community.<\/p>\n
Others agreed, and Mintz suggested that a representative for the CEPD participate.<\/p>\n
Panel Member Jon Rosen noted that the bayside resiliency project was understood to be a long-term project. He added that the project is too important to ignore and he agreed with picking it back up.<\/p>\n
The panel agreed to create a committee, made up of Laird and anyone else interested, to identify where the project is at and come up with possible next steps. Non-panel community members can take part.<\/p>\n
Also during the meeting, Mintz gave an update for the Infrastructure Committee.<\/p>\n
He reported that the county has selected its consultant for the mitigation work for the 800 feet leading up to Jensen\u2019s curve. It will conduct studies and offer options to harden and make the span resilient.<\/p>\n
In addition, Mintz reported on Captiva Drive\u2019s shoulder and making it safe for bicyclists and pedestrians. The county plans to be more vigilant in removing vegetation so the access remains clear for use. However, sand entering the shoulder is viewed as a responsibility of property owners.<\/p>\n
Also at the meeting, Mintz provided an update on behalf of Protect Captiva \u2014 the coalition seeking to maintain longtime building height and density limitations on the island \u2014 and the pending lawsuits.<\/p>\n
He gave an overview of the cases, along with new updates for a couple of them.<\/p>\n
The county and resort are appealing the decision by Circuit Court Judge James Shenko that limits South Seas to 912 units. Oral arguments have been scheduled for the case \u2014 set for April 30.<\/p>\n
In another case, the resort claimed that the 912-unit limit in a 2003 settlement agreement between the county and Captiva Civic Association (CCA) did not include hotel units and it filed a lawsuit against the CCA for saying it did. The CCA filed a protective order and the hearing will be held on March 23.<\/p>\n
Additionally, the 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\u2019s move to rezone the resort to permit increased density and building heights. A status conference is scheduled for April 6.<\/p>\n
Lastly, the resort filed a lawsuit against the panel claiming that it did not produce all the public records that it requested related to the matter. South Seas\u2019 attorneys now want to dispose each panel member.<\/p>\n
\u201cOur attorneys think that is ridiculous and are filing a protective order,\u201d Mintz said.<\/p>\n
He noted that all of the legal issues are coming to a head.<\/p>\n
\u201cThe courts are going to have to start making decisions,\u201d Mintz said. \u201cIt\u2019s going to be interesting to see how this plays out.\u201d<\/p>\n
IN OTHER NEWS<\/p>\n
\u2013 Brown provided an update as chair of the Wastewater Committee. He reported that the Captiva-Sanibel working group, made up of panel members and city staff, continue to hold meetings.<\/p>\n
He added that new information recently came up about the Florida Governmental Utility Authority (FGUA) facility being a possible alternative option for wastewater treatment. He explained that \u201ca lot\u201d may have to be done to make the plant viable to continue serving just South Seas over the longterm.<\/p>\n
\u2013 Brown gave an update as chair of the Stormwater Committee. He reported that the county\u2019s consultant is having difficultly coming up with reasonable solutions for the completed modeling. One obstacle cited for any potential options is not enough land mass for retention ponds and such.<\/p>\n
As a result, the work is now expected to be finished at the end of March, with the report in April.<\/p>\n
\u2013 CEPD General Manager Brighton Heard provided the panel with an update on the signs for the dunes. He reported that the community will begin to see the signs going up shortly.<\/p>\n
\u201cFor everyone to be notified to stay off the dunes,\u201d he said. \u201cThe grass is trying to get established, so the fewer footprints we see on the dunes, the happier we\u2019ll be.\u201d<\/p>\n
Heard also spoke on the dune walkways for homeowners. He reported that the contractor did not do them all correctly, so some are not in the right location. To address the issue, contact the CEPD.<\/p>\n
\u2013 Lee County Sheriff\u2019s Office Sgt. Rich Zeltman reported that season is in full swing and spring break is this week. He pointed to the big trucks and construction vehicles on the roads, plus biking groups.<\/p>\n
\u201cPlease don\u2019t let the frustration get the best of you,\u201d Zeltman said. \u201cObey the law and be careful \u2014 to keep this island safe.\u201d<\/p>\n
\u2013 Mintz shared that he got a call before the meeting that Blind Pass may be completely closed.<\/p>\n
He reported that it is the county\u2019s policy to keep the pass open and it has no intention of letting it close. The county expects to award the contract by year\u2019s end and it will do what it needs to to keep it open.<\/p>\n
\u201cThe policy has not changed,\u201d Mintz said, adding that it is keeping it open based on past studies.<\/p>\n
\u2013 Panel member and Development Committee Chair Margarethe Thye-Miville gave an update on the Notes & Narratives on Feb. 13 at Captiva Civic Center. A total of $6,400 was raised for the panel.<\/p>\n