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Review and Discussion

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MINUTES

SMART GROWTH 

July 18, 2007 Minutes 

Time and Place: Wednesday, July 18, 2007 at 6-8 p.m., 1st Floor, Lee County Administration Building at 2115 Second Street, Fort Myers, Florida. 

I.       Call to Order, Introductions, Review of Agenda

 

Wayne Daltry opened the meeting of the Lee County Smart Growth Advisory Committee at 6:05 p.m. He asked members and the public for introductions from around the room.

  

The following committee members in attendance:

            Mr. Lee Ford

Ms. Carie Call    

Ms. Ellen Lindblad

Mr. Neal Noethlich

Mr. Damon Romanello

Mr. Matthew Caldwell

Dr. Margaret Banyan

Ms. Liz Paul

Ms. Jill Tyrer

Mr. Jack Luft

 

The following committee members excused absence:

Ms. Liz Donley

Mr. Ron Hamel

Mr. Brian Griffin

Ms. Whitney Gray

Dr. Bill Hammond

Mr. Steven Teuber

 

The following staff in attendance:

Commissioner Ray Judah

Donald D. Stilwell, County Manager

Wayne Daltry, Director of Smart Growth                 

Tim Jones, County Attorney            

Lucy Crook, Recording Secretary

 

2.  Administrative Matters

A.  Approval of Draft Meeting Minutes of June 20, 2007. Action Needed: Accept and approve the minutes as amended by discussion of the members.

 

MOTION - Neal Noethlich moved to approve the draft minutes; seconded by Carie Call. Called and carried.

 

3.  Discussion

A. Workshop Progress, and follow up – Mr. Daltry said the public two-hour Stakeholders DRGR Workshop is confirmed for 6:00 p.m. July 25, 2007, at the Estero Community Center. He said for members to be there at 5:00 p.m. with any volunteers. The plan is to take testimony from the public and bring written information back to Board of County Commission (BoCC) and the Management and Planning (M & P) on August 9, 2007.

    Mr. Daltry presented the draft power point presentation and distributed a three-page handout, “Workshop on the Critical Issues Facing the Southern Density Reduction Groundwater Resource Issue, (DRGR).”  He asked the Committee to critique the power point. He said the public is the largest owner in the DRGR. There are many land use investment strategies going on to current mine areas for proposed redevelopment, agriculture and farms. He said there will be two more maps; ariel view, conservation and master mitigation map overlay.  

Change Suggestions: Dr. Banyan - 1) Said to include the first bullet point at the beginning as well as the end and tell people why Smart Growth Committee is here. Mr. Daltry said speaker cards will be available, a “Suggest It” form, “Mail It To Me” form and the meeting will be recorded and minutes will be taken. 2) The August 9th M&P date should appear on the slide show. 3) Mr. Noethlich said the quality of the map views are not very readable and Mr. Daltry explained that he will provide 200 copies with a ten-page report including six to seven maps including an address to mail questions to. Also, two sets of 2’ X 3’ printed slide show maps will be displayed on the walls. 4) Place Smart Growth Committee on the slide. 5) Include golf courses separately. 6) Mr. Noethlich suggested emphasizing the last slide at the beginning and the end and focus on your position and concern. 

Discussion:  There were concerns that it might cause a public outcry if the public thinks it is a workshop and to have a common course they want staff to approve. Mr. Daltry responded that they have a choice to move from market driven or to direct involvement and then to community planning effort. This meeting has been sent to mining, agriculture groups and will give them an opportunity to say to the bureaucrats what they really want. Mr. Luft questioned possible crossfire and the danger of public interaction. Mr. Daltry said to accept the pros and cons and try to intervene.  List questions on the floor and hold for an answer at a later point. It is not a debate, but may want to offer a chance to respond so general questions could be answered by property owners in the area, i.e.; what would be the best development form and keep a running list to answer later. Commissioner Judah reiterated that golf courses should be a clarified and under its own separate line item.

 B.   Summary of DRGR review (Summary attached)

Seventy Year Mining Inventory: Mr. Daltry responded to Commissioner Judah’s question regarding the rock and fill inventory if there were no more mining, how much has been used in the past five year supply if rock mining was taken out. Mr. Daltry answered Commissioner Judah on the following questions: 1) the FDOT Aggregate Study showed how dramatically the market goes up or down based on the take away of other rock, 2) future mining production and inventory should be known by the August 9th meeting, 3) currently a cost feasibility study to buy and protect the DRGR will be available to decide if there is enough money to say no to mining, increase density, and/or the cost to buy all land for protections.

The following are some of Mr. Daltry’s answers to Mr. Luft: 1) generally each mine gets evaluated, 2) under the existing land-use, the mining is deemed problematic where the sheet water flow and land use maps attempts to find overlay with the existing water resources, flows and recharge areas, and encroachment of activity that might be disruptive, 3) has anyone determined the impact on the water resources in areas proposed for mining? Mr. Daltry said part of the accumulative analysis is evaluating each mine alone and modeling the last few years of impact. The impact cone is not known but understood that it will cause a draw down for habitat and water supplies. The Water Management District Feasibility Study will address this when it becomes available, 4) Mr. Daltry confirmed that there are six different mine zonings pending, 5) Will the seventy year inventory show existing mines? It is important to know the issue of how much longer the existing operations expect to continue and how important is mining as a resource.

David Crook, public, asked Mr. Daltry if he knew the responsibility of the mine owners, i.e., reclamation following the decommissioning of an active mine. Further, what group governs the requirements for and enforcement of said reclamation and what happens to the property following reclamation of the mine; what happens to the hole in the ground? If the public is able to ask questions regarding mining, the mines could be compelled or encouraged to deed it over for public access and open recreation? Mr. Daltry said there are restoration requirements and it is still privately owned. Mr. Crook said it would be a show of faith from the land owner to agree to open space for golf course, or something if they build it up to flood plane. Mr. Jones said to Mr. Luft that not all of the mines are suitable for development when closed. Mr. Daltry said the land boundary can be an issue and they are not to develop wetlands, however they do sell it to housing developments. Mr. Daltry said he is following Dade and Palm Beach County’s current situation to learn from their mistakes.

Mr. Luft discussed a policy to link mining operations to a closure and a conversion to conservation lands. In advance, hold the mines to environmental reclamation at the closure. Commissioner Judah agreed the need to tighten up the rights. Some of the discussion continued with: certain areas where sheet water flows need continuance to look for significant preservation for recharge lands and not for subdivisions: A policy could say mines may convert to residential, but within the matrix of conservation lands and sheet water plans to guarantee a certain percentage of Groundwater Resource (GR) remains in an indefinite permanent state of ground water systems. Mr. Jones confirmed that mines have to comply with Federal law. Mr. Daltry said by 2030 there will not be enough capacity for existing residential areas for zoning. (Mr. Stilwell left at 6:54 p.m.)

Mr. Daltry concluded that these are the sorts of questions to expect. It was mentioned that the subcommittee should meet before the August 9th BoCC meeting to discuss the results of the Stakeholders July 25th presentation. Mr. Luft said his understanding is that the Commissioners are looking for the best broad policy options to help with decisions.

Mr. Daltry said the July 25th meeting will be a forum of, “What is your issue.” Commissioner Judah said to: 1) get the input from the public, 2) discuss it with staff that will provide key information, and 3) put together recommendations for the Board.  Dr. Banyan said DRGR could consume Smart Growth and she could see how the committee could be redirected. Mr. Daltry said ultimately the results from the workshop will help the Board discuss the depth of issues for the DRGR. This is the first step, but be ready to attend the Board meeting.  Mr. Ford said this is the charge the members are given. Mr. Luft said to consider where the Board Policy says, a mining operation needs to ultimately and “here” put the actions. This will help to allow a better vision to set in motion environmental studies and aggressive restoration effort. 

Preparation for the Stakeholder Workshop: Mr. Luft said to understand and be able to discuss setting up certain areas that could go back to subdivisions and environmental areas; important to understand what real density is for residential i.e.; make recommendations to set policies about septic tanks, drawing water down, infrastructures that can have utilities. Ms. Call asked about increasing density within or outside the DRGR. Commissioner Judah concurred and to provide the Board information on what would be the best way to implement an overlay within DRGR.  

Reviewed Ground Rules: Mr. Daltry named some of the entities that will be present to answer questions; answers will be available by the following Monday. Some of the rules follow: 1) hold comments that go to Chair, 2) write questions down if they are posed to someone else and if time allows answer at the end, 3) consolidate repetitive questions, and 4) designate a time keeper to limit public input to three minutes per question.  

4.  Task Progress

A.  Member Issues

Overbuilding for the Lot – from Brian Griffin

Mr. Romanello will present Downtown Redevelopment at the next meeting.

B. Other progress reports:  Mr. Daltry distributed, “U.S. Mayors’ Climate Protection Agreement Handbook” and briefly described the Government Conference in Miami where dignitaries from around the world and Governor Crist participated. He said some of it can be accessed at www.eogmyflorida. It was the most inspirational workshop he has attended in decades. There was no avoidance of issues and Smart Growth was portrayed throughout.  

5.  Public Comment- Comment made previously in the minutes. 

6.  Set next meeting date (August 15th), identify agenda items, and Adjourn.

 

Reconvene on July 25 at the Estero Parks & Recreation building at 6:00 p.m. Be there at 5:00 p.m. 

Adjourned at 7:40 p.m.

 Respectfully submitted by: 

Lucy Crook

Recording Secretary

County Administration