Draft Minutes
October 20, 2004
Call To Order,
Introductions, Review of Agenda
Brian
Griffin opened the meeting of the Lee County Smart Growth Advisory
Committee at 6:00 p.m., in the First Floor Meeting Room of the Lee
County Administration Building.
The Following Members Attended:
Mr. Don
Eslick
Rob.Fowler
Ms. Jeannie
Dozier
Mr. Jack
Eikenberg
Mr. Arnold
Rosenthal
Ms.
Ellen Lindblad
Mr.
Bill Hammond
Mr.
O. Lee Ford
Ms.
Jill Tyrer
Mr.
Dennis Gilkey
Mr.
Brian Griffin
Mr.
Rudy Marian
Mr.
Steve Maxwell
The Following Committee Members were Unexcused Absent:
Mr.
Steve Smith
Mr.
Tim Kenney – Resigned 10/20/04
The
Following Staff Attended:
Don
Stilwell, County Manager
Bob
Janes, Commissioner Dist.1
Wayne
Daltry, Dir. Smart Growth
Bob
Gray, County Attorney
Lucy
Crook, Secretary
I
Call to Order, Introductions, Review of Agenda
A. Chairman Brian Griffin accommodated
Jeanie Dozier’s
presentation out of order. She was committed to another
meeting
this evening. There was no objection.
IV
Action Section
A. Letter to School Board:
MOTION:
DISCUSSION:
Brian
Griffin asked for an update from Wayne Daltry regarding
Lehigh land parcels. Wayne Daltry explained that the Lehigh
Panel is in the final stages of forming. Their mission is to
develop a community plan and Jeannie Dozier’s motion would be part of
the plan the Lehigh Panel would embrace. BoCC authorized county
lands to invest up to ¼ million dollars to get a prototype assembly
land program going. County lands have been working with School
Board and Planning Department to identify what the current situation is.
Looking at:
-
Willing
seller and donor lots, swapping, purchasing.
-
With
the existing board’s direction, it would not be hard to get the
paper work flowing and show support to.
Brian Griffin
suggested Arnold Rosenthal volunteer as liaison on this project.
Arnold Rosenthal did not accept.
Brian
Griffin requested Jeannie Dozier to repeat the motion:
MOTION:
Smart Growth work with Lehigh Planning Council to locate possible school
sites for the School District to purchase for the use of construction of
schools for the next 5-10 years.
Brian
Griffin asked Kathy Babcock to confirm the mandated parcel
size for the schools:
Jeannie Dozier
relayed to the members that Ms. Babcock would continue to
represent School Board Smart Growth members in their absence.
Robert Ford asked
for an explanation on the motion and what the School Board is requesting
Smart Growth committee to do.
Jeannie Dozier
explained the background on Lehigh property. School Board has been
forced to exercise its power of Eminent Domain due to unfair prices.
The School Board is asking Smart Growth Committee to consider working
with Lehigh Panel to locate, recommend and help purchase property.
Wayne Daltry reminded
the committee of the Lehigh Study presented previously this year. The
study identified the growth and shortcomings of 725 acres for school
lands alone in Lehigh. Lehigh Panel is trying to meet an
approximately balanced plan by working with the Lehigh community to
avoid opposition.
Jack Eikenburg
was concerned about the political element and did not want to become
involved. Wayne Daltry said Smart Growth committee would support
the panel by helping locate parcels. It would be interactive when the
sites are found and provide the audit balance.
Discussion
continued:
-
Today’s
decision could be reconsidered after the Lehigh Panel is in full
force, receive more information from Wayne Daltry, or District 4
appoints a Lehigh resident to Smart Growth.
-
Ellen
Lindblad suggested a Smart Growth subcommittee.
-
Mr.
Daltry said the committee would research tax certificates.
County is currently working on procedures to close the paperwork.
-
Legislature
will not act on this until next July.
-
Jeannie
Dozier felt it necessary to have the respect and expertise of
this committee.
-
Arnold
Rosenthal supports the School Board’s needs, however “We are
not the action group.”
Wayne Daltry
explained that the School Board is in a crisis and needs help in the
planning process. It is necessary for Smart Growth to be involved
to give recommendations to the Board. When the crisis is over, it can be
handed over to an oversight group.
Steve Maxwell and
Jack Eikenburg discussed Lehigh and the numerous incorporations
it has gone through; it has never had planning, where will Lehigh be in
5 years, it does not have the legislative mandate to acquire land,
suggests that Commissioner Albion appoint a representative.
Wayne Daltry discussed
the Reassembly Issue explaining it would be necessary to go to
the certificate holder to offer them the position to forego taxes or
assessments and affirm how this would further their mission. It is
necessary to go to each assessment to wave their taxation.
Jeannie
Dozier was asked to repeat her motion:
MOTION:
Recommend that Smart Growth work with the Lehigh Planning Council to
locate possible school sites in that area for the School District to
purchase for the use of construction of schools for the next 5-10 years.
Brian Griffin asked for a
vote on the motion:
Steve Maxwell Abstained,
Robert Fowler and Arnold Rosenthall Nay. Aye’s - Don Eslick,
Jeannie Dozier, Jack Eikenberg, Ellen Lindblad, Bill Hammond, Lee Ford,
Jill Tyrer, Dennis Gilkey, Rudy Marian.
MOTION PASSED.
Discussion: Some
were concerned with the language of the motion, not that they do not
want to support the School Board. There could be a follow up at the next
meeting.
II
ADMINISTRATIVE MATTERS
A.
Minutes of June 16, 2004 and Summary of September 15, 2004
MOTION to approve and accept the minutes. Called and carried.
III
Presentation: Lee Master Mitigation Plan by Wayne Daltry.
(Book passed to all members)
Wayne
Daltry summarizes:
-
Smart
Growths recommendation states we have existing policies and will
work with those. This book has no new policy.
-
Lee
County Comprehensive Plan has many policies and this report tries to
reformat existing policies toward those outcomes.
-
Use
the 133 million dollars expected to spend in the next 5 years and
put it towards mitigation, towards a plan for wildlife, water
quality and water volumes we are suppose to have and encompass it in
the Lee County Master Mitigation Plan.
-
The
public works needed for growth and redevelopment under mixed-use;
such as land reassembly for schools will have environmental
conditions tied to them.
-
New
and existing developed areas will have to go through a redevelopment
test. Lee County is the first in the U.S. to put this together The
Senate recommended that metropolitan areas have strategies like this
in the Public Work Reauthorization Bill, U.S. Congress.
-
Take
existing budget and public works program in Lee County, and 5 years
from now our environment will be better than it is today.
-
Depict
the natural resources by type that are listed for permit review
today and how we expect to have them in 5 years.
-
Refer
to the maps in the Mitigation book that show the places that are a
“willing participant system.” The difficult to permit areas are
in blue on the map. A number in each blue area describes an
estimated cost for restoration and preservation if they want to
participate with Lee County Public Works Mitigation project.
-
The
county is undertaking prototype projects to demonstrate that when
projects are undertaken they will deliver the product that is
promised in the permit process.
-
Timely
permitting process will reduce cost.
-
Lee
County is the “National Pollution Discharge Elimination System”
permit holder for cities in Lee County. If the county
undertakes a mitigation piece for a road and doubles the amount of
cleanup for a few dollars more, then it is accomplishing the
required end result.
-
This
plan requires a memorandum of understanding, no need to pass
ordinances. Need agencies to agree to work with Lee County. Same
rationale with Babcock & CREW Lands.
-
Upcoming
presentations: Working Group Restoration Group, Water Resource
Advisory Committee, 1st National Restoration Conference and visits
to all agencies.
Discussion:
To
date, Wayne Daltry has received letters of support from DEP, U.S.
Fish & Wildlife and verbal support from Department of Community
Affairs, EPA and working on MOU. He concurred with Dennis Gilkey
that there is institutional resistance, however other permitting
agencies will buy into this plan when Lee County demonstrates that the
plan is achieving their mission. For example:
-
DEP
says, “Believe in regional approaches” – achieved
-
Fish
& Wildlife says, “They believe in multi-species management”
- achieved
The official place this
will play out is before the Charlotte Harbor National Estuary Program
Policy Board on how we came up with answers to these problems. This
approach is being done in transportation and land use and many different
venues. We are attempting to see the big picture now and aggressively
get the attention of our neighbors and our “overlaying” regional
entities. Lee County and Charlotte County are currently doing this
with their joint involvement with the Peace River efforts.
Break (7:00 p.m.)
Reconvened (7:15 p.m.)
Wayne Daltry
replied to Rudy Marion’s suggestion to set a date to meet with
Smart Growth members to summarize the Lee County Master Mitigation Plan
book he distributed. Mr. Daltry will determine a date
sometime at 2:00 p.m. and send a memo of invitation.
V
Other Business
A.
Discussion of Surface Water Management (Bill Hammond)
-
Water
Management District committed in their last initiative for Water
Supply Planning to provide more information on how much water can be
stored in the land. It has now been over-drained. Bonita Bay
proved that you could raise the water table, have effective
development, better wildlife values and rehydrate the land.
-
Our
aquifer is depleting quickly with the bulk of the water going to
landscape irrigation. Lee County could set standards higher.
-
The
Water Management District was encouraged to improve the Smart Growth
initiatives and policies proposed in the conservation elements. It
should work towards re-hydration instead of encouraging builders to
remove vegetation with over-drainage.
-
Should
set standards that protect people from flooding by encouraging more
flow-ways or retention of cypress systems. Since the water
table has dropped, the cypress holes are no longer connected by
sheet-flow.
-
DOT
and State Departments are not building to the same excellent
standards that the county does.
-
The
challenge for us is to work in ways to rehydrate lands such as
cypress stands. Avoid the old mistakes where older subdivisions
flood.
-
The
Mitigation Plan reveals the county as advocates for regional water
management.
Discussion began when
Dennis Gilkey noted there should be a proactive way to physically
raise the water tables. Developers would have to be in compliance
with the criteria determined. Bill Hammond suggested that the
Water District be the technical advisor in a Surface Water Management
Plan to provide rehydration criteria for Public Works. Discussion
covered Lehigh that sits on a tabletop and is the biggest chunk that
recharges South County Water Supply. CREW Lands are a great
retention system example. Industries are wiser, however
agriculture is pumping from the river instead of being allowed to store
water in the old cypress head area.
Specialized
Water Regulations for SW Florida:
Bill
Hammond explained that a study was done where the Water Management
District could set up a special set of rules for SW Florida. Law and
policy allows it to have a set of water regulations specific to the SW
Florida counties that would be advantageous to our aqua system.
The first step is data on how much water can be stored.
Mitigation Plan for
Lee County will address Background Issues: West Coast Water Supply
Plan, the East Coast Water Supply Plan, and the Okeechobee Plan are tied
together and are being updated. Wayne Daltry offered to work with
Bill Hammond on the Surface Water Issue.
Groundwater
Study:
DRGR
study discussion was put on hold until it was known how successful the
groundwater study was. Where the groundwater study was completed,
the stormwater management completed their part to hold water longer.
Recharging the groundwater was a success. Half of the work has
been done to restore water under this one contract.
Wayne Daltry
reiterated that Agenda Item, 4.A. “Letter to the School Board”
was covered with Jeannie Dozier’s speech at the beginning of the
meeting.
Wayne Daltry
passed Workshop Agenda for December 3, 2004 at the Calusa Nature
Center and cosponsored with Lee County Smart Growth. (Attached)
B.
Discussion on Infill Blasting (Arnold Rosenthal)
Arnold
Rosenthal stated that ten years ago blasting was allowed at 1.0 PPV.
Currently it is at .3 PPV and every blast will be monitored closely.
There is a need for a “pre-post” and “pro-blast” inspection
since insurance companies are not paying damage claims. The blaster
should have to pay the damages. He has heard that blasting businesses
cannot afford current mandatory inspections. Benefit of blasting
is to produce fill and keep the trucks off the road. County hired
a Blast Master, appointed a committee of two (1 for the developer and 1
for the victim) from each district. The alternative to blasting is
drilling exampled behind Bell Towers. The downside is the cost per
home will substantially increase, which in turn possibly control growth.
C.
Hurricane Efforts and Recovery Issues and Commendations (All)
o
Prep planning – Did well
o
“Hunkering” down – people knew what to do
o
Riding out the storm – short-term response has issues
o
Long-term recovery – Fix the shortcomings.
o
Hurricane pet shelters need to be considered.
D. Other Items as
identified:
-
Next Mr. Eslick – Applauds BoCC decision made last week
with regards to Wal-Mart at Estero. Zoning of lesser magnitude
should be treated differently. DRI concepts should look at issues
where some are “gray” areas.
-
Land development codes should provide stipulations in live
mixed-used/residential planned development and the compatibility
within a larger community. Landscape parking codes should
address parking decks within a residential area. Need to
identify compatibility within a mixed-use development.
-
Brian Griffin asked for a presentation from the Hearing
Examiner.
-
Commissioner Janes noted that BoCC requested Smart Growth to
look at the policy that discourages increased density in coastal
high hazard areas.
VI
Public Comment
-
Mr. Leo Cooper questioned if Smart Growth is working
on affordable housing issues in N. Ft. Myers new
development with gated communities. It was discussed and agreed that
issue would come under the Comp Plan changes and the outcomes should
be reviewed. Wayne Daltry concurred that unused zoning needs
to be banished if they haven’t come through.
-
It was confirmed that outcomes of the hurricane and how it may
affect future building would be learned from the regulatory pieces
long and short-term study that will be going on.
Discussion
continued as the meeting ended.
VII
SET NEXT MEETING DATE - November 17, 2004 at 6:00
p.m. at the Lee County Administration Building, First Floor Conference
Room, 2115 Second Street, Ft. Myers, FL. The meeting ended at 8:10 p.m.
Respectfully
submitted,
Lucy Crook
