8/4/09 MEETING MINUTES
NORTH FORT MYERS DESIGN REVIEW PANEL
Meeting Minutes(revised)
August 4, 2009
I. Call to order
SCOTT J. BRENNER called to order the regular meeting of the NORTH FORT MYERS DESIGN REVIEW PANEL at 6:05 p.m., due to heavy outside precipitation, on August 4, 2009 at North Star Yacht Club, 3420 Hancock Bridge Parkway, corner of Beau Drive, N. Ft. Myers, Fl.
Attendance: The following Board Members were present: Scott J. Brenner, Jim Lattmann, Jack Howerton, Alec Mylan, John Gardner, Joe Beck and Mike Land.
The following additional persons were present: Debbie Jackow and Tony Palermo of the Lee County Department of Community Development.
II. Approval of minutes from last meeting
Motion by John Gardner, seconded by Joe Beck, and passed unanimously, that the Minutes of the last meeting, July 7, 2009, prepared by Secretary Mike Land and distributed to all members, auxiliary members and concerned citizens via e-mail, be accepted as submitted.
III. OFFICERS REPORTS
Scott Brenner, President- Distributed copies materials on the East Fort Myers Revitalization and Redevelopment proposal underway, in the vicinity of the Oasis project, because we should know about the project directly across the river from our community.
Jim Lattmann, Vice President – Announced that he was now in charge of preparing the Monthly Meeting Agendas and that starting tonight our meetings will be conducted as closely as possible to comply with Robert’s Rules of Order.
Mike Land, Secretary –Stated that the motion passed at last month’s meeting authorizing Debbie Jackow to represent this group at Hearing Examiners meetings on “specific topics”, was too vague to be enforceable and could be executed in a way that would be arbitrary and capricious, and that he intended to present a motion later to clarify it.
Mike stated that President Brenner had called a meeting of the Executive Committee which was held on July 23, 2009 with Jim Lattmann and himself also in attendance, wherein Debbie Jackow was authorized to represent us at the Examiner’s Hearing regarding the sign application of First Redemption Church, and Scott sent her a letter of authorization. We also discussed the Agenda for the upcoming NFMDRP meeting of 8/4/09, wherein we would seek fully executed copies of our documentation and seek to have NFMCPP clarify the previous election of our members.
IV. OLD BUSINESS
Mike Land stated that during this summer period while we had no applicants appearing before us was a good time to get our paperwork in order such as finalizing a copy of the not completely executed By-Laws of the NFMCPP, the Standard Operating Procedures (SOP) for the NFMDRP, whether Debbie Jackow is or is not a member of this Panel, who is the Secretary of NFMCPP, Wayne Daltry or Lee Cummin (g?)s, and stated that it was difficult being the Secretary of this organization, whose members and rules are dictated by another organization, (the NFMCPP), without receiving the minutes of that organization’s meetings, and asked to be put on the distribution list for future minutes and documents that affected this Panel.
John Gardner replied that the CPP By-Laws, even though not signed by 4 of its then sub-committee Chairs, was approved at the next meeting of the CPP and thus were in effect and needed no further signatures. He also responded that Lee Cummin (g?)s was never elected secretary, and that Wayne Daltry was the Secretary of NFMCPP, and that he had prepared the Minutes of the election meeting of August 14, 2008. John assured us that these other organizational issues were on the Agenda for the next CPP meeting, the date of which had not yet been set. John also distributed a CD containing the basic documents and the Minutes to date of the CPP.
V. NEW BUSINESS
Mike Land made a motion, which was seconded by Alec Mylan and passed unanimously, that DebbieJackow is authorized to represent the NFMDRP on all Examiner’s or Lee County Commission Hearings relating to NFM design or review applications for which she is available and willing to represent our viewpoint as expressed in our Minutes, except those which pose a potential conflict or the appearance of a conflict with her role in Bayshore community, as determined by the Executive Committee consisting of our four officers, which may be conducted via telephone or e-mail, and that Debbie Jackow shall notify our president at least 7 days before all such hearings, and whether she is available and willing to so represent us.
Tony Palermo advised that he will now see to it that we receive notice of every hearing that regards a NFM property.
Hearing Report of Joe Beck: He was sick and could not attend the Examiner’s Hearing regarding Merchants Crossing, but he did attend the one regarding Diplomat Center and stated our position opposing the staff recommendation and recommending a cut in the proposed boundary wall for purposes of connectivity and walkability; the elderly had to cross a street median which did not have a cut in it thus posing a barrier, and opposing the staff recommendation of 100% native plants because this placed an undue financial burden on the applicant and provided less variety of plant material. The Hearing was continued at the request of the county staff. Joe also pointed out that when completing the form to speak at those meetings you had to state whether you were in favor or against the application, and there was another option of “General Comment”.
President Brenner pointed out that our SOP only gives us three options for action on applications: recommend approval, approval with conditions and denial. John Gardner was of the opinion that we needed a 4th option of “General Comment” and stated that he would put it on the next Agenda of NFMCPP to amend the SOP accordingly. Motion by John Gardner, seconded by Jim Lattmann to appoint a committee to consider review and re-drafting of the SOP, to bring it before the NFMCPP for consideration. Approved unanimously.
Report of Debbie Jackow re application of First Redemption Church for a sign at 247 Pine Island Rd, which applicant did not present before us. Confirming her e-mail report to Pres. Brenner, upon receiving authorization to represent us, she went into town, did her homework and after consideration decided not to represent us because she was personally in favor of the application because no setbacks were to be had and one Sunday service was better than 2 rowdy renters.
Pres. Brenner announced that The Breeze newspaper had offered us a free blog on its website, which would provide publicity and transparency. Mike Land, our secretary would upload our Minutes to it each month in PDF form. This could include a link to NFMCPP’s Vision Statement if CPP elects to do it. Motion by Lattmann seconded by Land to accept the blog offer. Amendment by John Gardner, seconded by Joe Beck, to accept the blog offer only upon the condition that The Breeze agree that it will be posting only, with no ability from members of the public to place comments on the blog, or that it be monitored by someone to prevent inappropriate comments from appearing on the blog. Motion and Amendment passed by acclamation.
VI. OPEN DISCUSSION
A. Discussion as to what action we should take regarding applications which were not presented before us. Should we recommend denial because this might induce more applicants to present to us and avoid a denial recommendation, or should we take no position, or some third position? This will be decided for us by CPP. NOTE: This is an issue only until the North Fort Myers Vision Statement is adopted by the County, (which study is now expected to take only 6 months instead of a year), because once it has been codified, appearance before this body will be a requirement.
B. . Debbie Jackow recommended that on larger, more significant projects, it is important that we appear at Public Hearings. Motion by Mike Land, seconded by Jim Lattmann that if we are notified that a Public Hearing is scheduled before our next regularly scheduled meeting on a project whose applicant did not present to us, the President appoint a delegate to do the investigation and submit recommendations for action, and that an e-mail summary be sent to all our members who will cast a vote via telephone, text or e-mail; that the written texts or e-mails be retained with the Minutes; that the result be recorded in our Minutes as a Special Meeting and that a representative be appointed to represent our position at said Hearing. Approved by acclamation.
C. President Brenner stated that several of our members have not appeared at our recent meetings, or have resigned, and that all of us should seek to recruit new members. He asked that CPP address how we can get new members. It was suggested by some that perhaps the By-Laws regarding membership requirements be expanded to include more categories of licensed professionals and that the “resident of North Fort Myers” requirement be expanded to include one who works or owns property or a business in North Fort Myers.
D. Discussion regarding possible change of our name. John Gardner pointed out that similar groups in nearby communities use names like “Architectural Review Board” or “Committee”. It was approved by consensus that our name shall remain “North Fort Myers Design Review Panel”.
E. Discussion regarding our granting conditional approval to an applicant who might not thereafter follow our recommendations and re-present to us. General accord that we should refrain from doing this in the future, and to carefully frame our decision so as to require the modifications to be done and presented to us anew before granting approval.
F. Short discussion on the title being used by Scott Brenner. John Gardner pointed out that there is no need to use “Acting” before the title, now that the By-Laws have been established as having been passed by NFMCPP. Agreed that he can continue using the title of “President” since there was no other designation set forth in By-Laws or SOP.
Scott J. Brenner adjourned the meeting at 8:45 p.m.
Minutes respectfully submitted by: MIKE LAND, SECRETARY