SMART GROWTH COMMITTEE
JANUARY 16, 2008 Minutes
Time and Place:
Wednesday, January 16, 2008 from 6-8
p.m., 1st Floor, Lee County Administration Building at 2115
Second Street, Fort Myers, Florida.
1.
Call to Order, Introductions,
Review of Agenda
Chairman Brian Griffin called the meeting
of the Lee County Smart Growth Advisory Committee to order at 6:01 p.m.
The following committee members in
attendance:
Dr. Margaret Banyan
Ms. Liz Paul
Mr. Ron Hamel
Ms. Whitney Gray
Mr. Neal Noethlich
Ms. Margaret Fineberg
Dr. Bill Hammond-Chairman
Ms. Jill Tyrer
Mr. Brian Griffin, Co-Chairman
Mr. Lee Ford
Ms. Ellen Lindblad
Mr. Mike Mullins
Mr. Damon Romanello
Mr. Jack Luft
The following committee members
excused absence:
Ms. Carie Call
Mr. Steven Teuber
Commissioner Tammara Hall
The following staff in attendance:
Wayne Daltry, Director of Smart
Growth Tony
Pellicer, Natural Resources
Rob Spickerman, County
Attorney Karen Bickford, Natural
Resources
Lucy Crook, Recording Secretary
2.
Administrative Matters
A. Minutes of December 19th, 2007.
Action Needed: Accept and Approve the
minutes as amended by discussion of the members.
MOTION: Chairman
Griffin called the vote to accept the
December 19, 2007 draft minutes. Ms. Whitney moved to accept the draft
minutes as written; seconded by Mr. Noethlich. There were no corrections
except to add Jack Luft to the Members in Attendance. Called and carried.
3.
Discussion:
A. Fertilizer Ordinance – County
Natural Resources
Mr. Daltry summarized the attached
Draft Fertilizer Ordinance distributed earlier. This ordinance is
the first coming out of a subcommittee and is being adopted up and down
Florida’s coast. He reiterated the progress reports Smart Growth
Committee (SG) has received. He noted that the single most important
component out of many of the ordinance components is that it creates a
regulated industry out of something that is not regulated. The purpose
is to take those selling and those applying fertilizer to follow a set
of rules to reduce nitrogen and phosphorus that has been introduced into
the streams. It was identified that a large percentage of algae bloom
comes from homeowner application. (See handout, Scientific Literature
Review, Discussion, Public Comments and Considerations for the Proposed
Lee County Landscape and Fertilizer Best Management Practices Ordinance
for his discussion.) The handout, Technical Recommendations
Regarding Proposed Landscape and Fertilizer Management Ordinance
from the Sierra Club, debates points listed in the draft ordinance. Mr.
Daltry said “Package Plans”, drafted by FDOT and “Storm Water”
regulations will be the next ordinances to follow.
Questions/Recommendations:
Chairman Griffin said there was a large attendance of passionate
presentations at the water and fertilizer Public Hearing. Some of the
discussion follows:
·
Important to communicate
the ordinance through education. Recommends at point of sale, providing
brochure instructions on fertilizing.
·
Since many residences only
have 25 ft. to waters edge, recommendation is to change to 10 ft.
·
Recommends the rainy season
time be changed from July-September to June-September to include a slow
release fertilizer application in May.
·
Penalties - Recommends a
$100.00 fine after first warning.
·
Recommends that
certification testing be given in other languages since many commercial
applicators do not speak English.
Karen Bickford, Natural Resources,
referred to handout, Landscape & Fertilizer BMP Ordinance Comparison
Table.
Ms. Bickford
responded to Mr. Noethlich that the homeowners will receive
recommendations through a public curriculum and live outreach with
County Florida Yards & Neighborhoods (FYN) Classes; however, it is not
mandated. This will be publicized on PBS TV and the retailers will be
required to provide fertilizer brochures at point of sale.
Ms. Bickford
told Mr. Mullins that this ordinance would not address changing the
elevation with regard to runoff with new home construction built at a
higher elevation next to existing property. Chairman Griffin stated that
the sheriff and code enforcement can respond to calls of water and
fertilizer violations. Ms. Bickford noted that the Storm Water
Department has expressed an interest in this program and offered to
provide education during this down construction time.
Under discussion Dr. Hammond referred to the quality of reclaimed water and noted that
Department of Environmental Protection (DEP) regulations are not far
down the road. There is a big range of quality with the middle range
being (in terms of nutrient content, in percent) 3-3-1 or 5-5-5. Once
the middle range is reached, then you have concerns with water reuse
around water bodies in terms of nitrogen and phosphorous content. Ms.
Bickford said this issue has not recently come up with
Commissioner’s or staff, but some municipalities recommend a 25’ buffer
reuse away from water bodies because of nutrients in the water supply.
Recommendation
- Consider public parks and in median high-use areas where irrigation is
necessary, not to use the higher 3-3-3, or 5-5-5 quality of water. Use a
pitch-back for Best Management Practices (BMP) as an offset. Reuse water
from utilities at these levels could be used, but away from water bodies
because the chlorine content is also detrimental.
Ms. Bickford
answered Mr. Luft that there is approximately10% single-family
population using privately managed landscape care along the shoreline.
She explained the original intent of the first draft was to start with
one sector of the public and expand from there.
Recommendation
- Test the shoreline waters and alert homeowners associations if there
is a problem; monitor them and follow through with the education
process.
Recommendation
- Randomly sample large subdivisions.
Provide awards for BMP’s and published in the media.
Ms. Bickford
said a recommendation was made to give associations a tax incentive if
they become (FYN) certified. Additional sampling would have to come with
a budget.
Recommendation
- Give community associations tax
incentives for being FYN certified and publish in News Press.
Recommendation
- Dr. Hammond said to create incentives for developers if reuse water is
costing developer more and they are limited to discharge near water.
Creating a differential in the sewer outfall is going to cost the
developer more to get up to a 5-5-5.
Recommendation
– If budget is not available, require retail to supply brochures.
Recommendation
- Mr. Luft said tax fertilizer a penny per 10 pounds. Ms. Bickford said
BoCC would have to take that on.
Ms. Bickford
said concerning the budget that the license revenue received is
approximately $200,000.00 which will cover two staff members, vehicle,
gas and office.
Recommendation
by Mr. Noethlich to offer incentives to gated communities to become FYN
certified.
Ms. Bickford
said to Mr. Luft the information in the handout, Scientific
Literature Reviews shows residential fertilizer contributes 42% to
local global pollution and it is mostly for esthetics. Mr. Luft said,
“If the significant percentage of our shoreline is residentially
maintained, then that is the big nut to go after, yet for political
purposes it is going to be hard to enforce.”
There was discussion on the Big Box
stores to ask for their
support through a nominal tax on fertilizer - put a price tag on where
the problem is. Tony Pellicer,
Natural Resources said, “Public is
watching pennies and will go elsewhere for cheaper purchase.”
Recommendation
- Chairman Griffin said SG could pass to place infomercial on county TV
channel. “It is important to get buy-in from homeowners. Put it on the
radar screen.” Ms. Bickford said, “The cost of educating the homeowner
is less expensive than taking pollutants out of the water.”
Recommendation
– Mr. Hamel said the agriculture industry is cutting back water and
fertilizer to maximize these resources, but it is also an economical
saving. Use this as a sales pitch to the homeowner to communicate that
reduced fertilizer and water is a savings.
Mr. Ford said because of the
turnover in the landscape industry, making sure employees are certified
with the daily need to carry on business and waiting for new employee’s
certification, is a real problem when jobs need to be completed.
(Break at 7:04 p.m. - returned at 7:10
p.m.)
B.
Complete Streets, Providing for Complete Transportation Options-Dan
Moser.
Mr. Daltry gave a summary of what
other communities are doing. See power point, Complete Streets.
He noted that on-street parking is only found in Captiva and Boca
Grande in Lee County. (Mr. Mullins departed at 7:30 P.M.)
Mr. Daltry gave the floor to Dan
Moser who explained how he
used cycling, pedestrian, transit and vehicle transportation all in one
day to provide some of the following illustrations. In the core areas,
Lee County is pretty good (because the volume and speed of traffic make
it doable) even though in some pockets there are not complete streets.
He referred to a brochure/map (http://mpo-swfl.org/content/Maps/bikemap_front.pdf)
and (http://mpo-swfl.org/content/Maps/bikemap_back.pdf)
he distributed and noted the purple line indicates bike lanes. A model
of complete streets in Lee is Winkler Avenue between Cleveland
Avenue and Metro near Edison Mall. He specified areas that are not
adequate for cyclists or pedestrians and explained just because they
have shoulders and sidewalks, that because of safety it does not make
them complete streets. Thirty percent of the County’s population
does not drive and are not receiving appropriate accommodations.
He explained D.O.T. Engineering is not
following the Smart Growth recommendations put forth to BoCC for bikes
and pedestrians. Mr. Moser said, “SG recommendations need to translate
action better because policy is not being followed.” Some examples
follow:
· Mr.
Moser will email the responses to Ms. Gray’s following questions;
1.Why no pedestrian or cycle lanes on the Caloosahatchee Bridge? 2. Does
D.O.T. have enhancement funds to add pedestrian/cycle lanes to streets
that do not have them?
· The
recently built Shoemaker Extension does not have a paved shoulder or
bike path, nor does it have any at a vital pocket between MLK and
Shoemaker.
· Five
roads have high curb lane that were meant for shared-use lanes and there
are no signs indicating such. Also the speed limit was increased.
Important to ask state and county to mark bike lanes at resurfacing –
would not require additional asphalt.
·
Important to have signs to
let the motorists know cyclists could be present.
·
A section of Hancock Bridge
Road needs a larger shoulder.
Mr. Moser will provide the
Committee with a list of identifying routes with shoulders that could be
marked bike lanes.
Some of the discussion follows:
Dr. Banyan expressed her
frustration having moved from Portland where she either cycled or used
transit to work each day. She said all of the issues are encompassed
under transit and social equity, i.e.; no covered bus stops. She is
willing to join an advocacy group.
Mr. Luft said with the
recommendation from SG to create a Transportation/Cycling Subcommittee
to offer policy that under the sunshine law, the group would have to be
notified. Mr. Ford said he understood the policy was instituted
by SG and BoCC accepted, and to ask the commissioners why policy is not
being enforced. Chairman Griffin said as Chairman, SG can appoint
a subcommittee. Dr. Banyan will provide information to Mr. Moser on the
Transportation Sequence Research going on at FGCU.
MOTION made by Mr. Luft to endorse
creating a Transportation Subcommittee to include complete streets and
to give Dr. Banyan the ability to move forward; seconded by Ms. Lindblad.
Discussion – Dr. Banyan
asked to be endorsed to meet with Dan Moser to put together and
facilitate the best mechanism to put a group together whether be it a
subcommittee or an advocacy group.
Chairman Griffin withdrew his
second; Mr. Luft withdrew his motion Ms. Gray seconded and Chairman
Griffin called for a vote.
MOTION revised by Mr. Luft to endorse
creating a transportation subcommittee to include complete streets and
to give Dr. Banyan the ability to move forward with Dan Moser to put
together and facilitate the best mechanism through a subcommittee or
advocacy group. Mr. Ford opposed. The motion passed.
Mr. Luft encouraged Mr. Daltry
(even though a presentation was made in the recent past) to receive a
presentation on transit multi-mode and long range plans.
C.
Rural lands initiatives – Wayne Daltry – Tabled.
4.
Task Progress:
A.
Member Issues:
1.
Follow up on large homes/small lots – Mr. Daltry tabled. Chairman
Griffin said the next discussion will be the ordinance.
B.
Other Progress Reports:
·
Mr. Daltry said DRGR staff
report is launched. A consultant is pulling together the different
land-use alternatives with a DRGR subcommittee.
·
The BoCC brought two more
tasks under contract - Water modeling according to different scenarios
and transportation alternatives with how mining traffic exists today and
in the future. This committee meets second and fourth Wednesday of each
month. He will give more updates as that progresses along.
5. Public Comment:
None
6.
Set next meeting (February 20, 2008) - and adjourn.
·
Identify Agenda Items -
Transit, Mushroom Houses and
follow up on Complete Streets. He will bring a March preview report on
Rural Lands Workshop written to the Commissioners. There was a
realization that policy has foot notes which make it to the advantage to
spoil wetlands by filling them in.
MOTION
to adjourn at 8:10 p.m. by Mr. Noethlich; seconded by Ms. Gray. Called
and carried.
Respectfully
submitted by:
Lucy Crook, Recording Secretary
County Administration
Lee
