December 18, 2007
Adopted Minutes
December 18, 2007 48.08 kBSANIBEL CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBERS (MacKenzie Hall)
800 DUNLOP ROAD
DECEMBER 18, 2007
________________________________________________________________________
PLEASE NOTE THAT THE CITY COUNCIL AGENDA IS SUBJECT TO CHANGE
A COPY OF THE AGENDA PACKET IS ON THE CITY’S WEBSITE www.mysanibel.com; AND ON FILE AT SANIBEL LIBRARY
“The Rules of Civility for Public Participation” as adopted by City Council can be found on the last page of this agenda. Reminder: Please turn all cell phones on to vibrate while in MacKenzie Hall
8:30 A.M.-9:00 A.M. Meet and Greet Representative Aubuchon
9:00 A. M. 1. Call to Order
2. Invocation and Pledge of Allegiance (Councilman Pappas)
3. PRESENTATION(S)
a. Representative Gary Aubuchon, District 74 Click Here For Attachment
4. Public Comments for non-Agenda items (Maximum time allotted, 20 minutes, with a limitation of 3 minutes per speaker.)
5. Council Comments
6. Planning Commission Report (Mike Billheimer)
7. CONSENT AGENDA (ANY PERSON MAY REQUEST THAT COUNCIL REMOVE AN ITEM FROM THE CONSENT AGENDA FOR DISCUSSION BY NOTIFYING THE CITY MANAGER/CITY CLERK, OR A COUNCIL MEMBER, PRIOR TO THE MEETING)
a. Approval of Minutes – December 04, 2007 Regular Meeting, November 20, 2007 Regular Meeting, and November 06, 2007 Regular Meeting Click Here For Attachment
b. Acceptance of a Tourism Development Council (TDC) grant in the amount of $128,000 for ADA Renovations – Gulfside Park and Tarpon Beach Access restrooms and authorize the City Manager to execute same Click Here For Attachment
c. Acceptance of a Tourism Development Council (TDC) grant in the amount of $11,000 for Dune Walkover Replacement and authorize the City Manager to execute same Click Here For Attachment
d. RESOLUTION 07-159 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-019 AND PROVIDING AN EFFECTIVE DATE (to appropriate in FY 2008 the roll-forward of $298,639 beginning fund balance and to recognize $140,115 of State Revolving Loan debt proceeds currently on deposit in the Phase #B Sewer Expansion Fund. These revenues are being appropriated for the completion of the project in the amount of $438,754 detailed as follows: 1) Re-encumber the $76,602 balance of Purchase Order #700043; 2) $168,288 for change order #4 approved by City Council on 10/17/07; and 3) $193,864 for change order #5 approved by City Council on 12/4/07. There are no new or additional funds appropriated by this amendment. This amendment increases the FY 2008 budget by $438,754) Click Here For Attachment
e. RESOLUTION 07-160 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-020 AND PROVIDING AN EFFECTIVE DATE (to roll forward from FY07 $65,722 encumbered for the Phase 2 balance of the Periwinkle Way West District Plan on PO# 700276 for Wallace Roberts and Todd LLC and $36,500 encumbered for the Sanibel Plan-Economic Analysis Update on PO# 700274 for Real Estate Research Consultants. There are no new or additional funds appropriated by this amendment) Click Here For Attachment
f. RESOLUTION 07-161 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-021 AND PROVIDING AN EFFECTIVE DATE (to appropriate $16,000 of new impact fee funding from the Lee County Board of County Commissioners to support the construction of Community Park. This amendment increase the FY08 revenue and expense by $16,000) Click Here For Attachment
g. Award 3-year sludge hauling contract to Karle Enviro-Organic Recycling, Inc., to haul, dewater and dispose of wastewater sludge and authorize the City Manager to execute same Click Here For Attachment
8. PRESENTATION(S)
a. Presentation of the Sanibel Alternative Transportation in Parks and Public Lands Program Project Scope of Work by Nathan Caldwell, U.S. Fish and Wildlife Service Trails, Byways, and Transportation Enhancements Coordinator, Lee Tran and Carter and Burgess. Inc. (15 minutes) Click Here For Attachment
b. Approval of the Draft Professional Services Agreement and Scope of Works associated with the Sanibel Alternative Transportation in Parks and Public Lands Project, pursuant to Section 4.D of the Interlocal Agreement between the City of Sanibel, Lee Tran and USFWS
9. OLD BUSINESS
a. Water Quality Issues Click Here For Attachment
1. Reports from City Council members
i. Attendance of the Tuesday, December 04, 2007 Lee County Board of Commissioners meeting regarding fertilizer (Mayor Denham)
ii. Meeting with Lee County staff regarding Captiva sewers (Mayor Denham)
iii. Progress report on Sanibel Bayous Package Plant acquisition (City Attorney)
2. Staff Reports
i. Fertilizer ordinance implementation update
a. First two courses taught to contractors
3. Review of Water Initiatives Click Here For Attachment
i. City of Sanibel
ii. Sanibel Captiva Conservation Foundation
iii. PURRE
b. Recreation Issues Click Here For Attachment
1. Membership Sales Update
2. Staff recommendation for temporary Adjustment of Hours
c. Joint Meeting with Town of Fort Myers Beach, January, 2008 Click Here For Attachment
10. COMMITTEES BOARDS COMMISSION
a. Resignation from Paul Reynolds as a member of the Wildlife Committee Click Here For Attachment
11. CITY MANAGER
a. Informational Items
1. Status of State Board of Administration (SBA) Fund Click Here For Attachment
2. Report on City Hall native vegetation tours Click Here For Attachment
3. Code Enforcement Activity Report for November, 2007 Click Here For Attachment
4. Development Permit Activity Report for October, 2007 Click Here For Attachment
5. Building Department Permits and Inspections Monthly Report Click Here For Attachment
6. Building Department Monthly Revenue Accumulative as of November 30, 2007 Click Here For Attachment
7. Community Housing Resources (CHR) Quarterly Financial Statement Click Here For Attachment
8. Causeway Traffic Count – October, 2007 Click Here For Attachment
AT APPROXIMATELY 1:00 P. M., CITY COUNCIL WILL RECESS AND CONDUCT AN ATTORNEY-CLIENT SESSION DURING A WORKING LUNCH, AS MORE FULLY DESCRIBED BELOW:
1:00 P. M. The City Attorney desires advice and consultation with the City Council pursuant to Section 286.011 (8), Florida Statutes, regarding the Mediation Settlement Agreement reached in the lawsuit filed in the United States District Court, Middle District of Florida, Fort Myers Division, entitled: ADRIEN ROTHSCHILD and JORDAN FAIRMAN, Plaintiffs, vs. KENNETH E. PFALZER, Individually and THE CITY OF SANIBEL, DAVID GOMBERG and FRANCINE GOMBERG, Defendants; Case No. 2:06-cv-446-FtM-29DNF Click Here For Attachment
The Attorney-Client Session shall not be open to the public. The Attorney-Client Session shall be held on Tuesday, December 18, 2007 at 1:00 P. M. upon temporary adjournment of the regular City Council meeting that day, such meeting and the Attorney-Client Session to be held at MacKenzie Hall, 800 Dunlop Road, Sanibel, Florida. In attendance at the Attorney-Client Session shall be only the following persons:
Mick Denham, Mayor
Carla Johnston, Vice Mayor
Jim Jennings, Councilman
Peter Pappas, Councilman
Kevin Ruane, Councilmember
Judie Zimomra, City Manager
Kenneth B. Cuyler, City Attorney
Michelle Hordinski, Court Reporter, or other representative of Fort Myers Court Reporting
Upon return to open session City Council will consider a mediation settlement agreement in the case of ADRIEN ROTHSCHILD and JORDAN FAIRMAN, Plaintiffs, vs. KENNETH E. PFALZER, Individually and THE CITY OF SANIBEL, DAVID GOMBERG and FRANCINE GOMBERG, Defendants; Case No. 2:06-cv-446-FtM-29DNF and, if approved, authorize the Mayor to execute same
13. CITY ATTORNEY'S REPORT
14. COUNCIL MEMBERS' REPORT
15. PUBLIC COMMENT
16. ADJOURNMENT
IF A PERSON DECIDES TO APPEAL A DECISION MADE BY THE COUNCIL ON ANY MATTER CONSIDERED AT THIS MEETING/HEARING, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, TO INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH ANY SUCH APPEAL IS TO BE BASED.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING, TO INCLUDE HEARING IMPAIRMENT, SHOULD CONTACT JIM ISOM, DIRECTOR OF ADMINISTRATIVE SERVICES, NO LATER THAN ONE DAY PRIOR TO THE PROCEEDINGS AT (239) 472-3700. FOR ADDITIONAL ASSISTANCE IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE AT 711.
Citizens may request to receive Sanibel City Council and Planning Commission meeting agenda directly via e-mail. Citizens wishing to receive a copy of the agenda via e-mail may do so by visiting the City’s website at www.mysanibel.com. Additionally, citizens may register to receive City announcements such as press releases.
Prior to requesting the agendas, the website reminds citizens that all e-mail addresses and requests submitted to the City are public information and governed by the applicable Florida Statute.
2:00 P. M. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING Click Here For Attachment
1.Call to Order
2. Invocation (Councilman Jennings)
3. Pledge of Allegiance (Dr. Phillip Marks, Planning Commission Vice Chairman)
4. Toward a Vision for the Periwinkle Way West District:
a. Project Introduction, Background and Overview of Report and Presentation (Robert J. Duffy, AICP, Planning Director and C. Alyn Pruett, AIA, WRT)
b. Summary of District Economic and Market Report (William H. Owen, CRE, RERC)
c. Presentation of Alternative Vision Plans and Strategies (C. Alyn Pruett, AIA, WRT)
5. City Council and Planning Commission Questions
6. Discussion by City Council and Planning Commission
7. Public Comment
8. Next Steps
9. Adjournment
HORIZON – UPCOMING IMPORTANT DATES
Monday & Tuesday December 24 & 25, 2007 City Hall Closed in Observance of Christmas
Monday & Tuesday December 31 & January 01, 2008 City Hall Closed in Observance of New Year’s Day
Thurs-Saturday January 10-13, 2008 Everglades Coalition Annual Conference, South Seas Resort
Tuesday January 15, 2008 City Council Meeting MacKenzie Hall 9:00 p. m.
Monday January 21, 2008 City Hall Closed in Observance of Martin Luther King Birthday
Saturday January 26, 2008 Household Hazardous Waste Collection Day 8 am to 2 pm
Public Works
Tuesday February 05, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday February 19, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday March 04, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday March 18, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday April 01, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday April 15, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday May 06, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday May 20, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Monday May 26, 2008 City Hall Closed in Observance of Memorial Day
Tuesday, June 03, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday June 17, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday July 01, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Friday July 04, 2008 City Hall Closed in Observance of Independence Day
Tuesday July 15, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Proposed Millage Rate Set
Tuesday August 05, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday August 19, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Monday September 01, 2008 City Hall Closed in Observance of Labor Day
Tuesday September 02, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
HORIZON – UPCOMING IMPORTANT DATES
Saturday September 6, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
First Budget Hearing
Tuesday September 16, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday September 16, 2008 City Council Meeting MacKenzie Hall 5:01 p. m.
Final Budget Hearing
Tuesday October 7, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday October 21, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday November 04, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Thursday November 06, 2008 Student Government Day MacKenzie Hall 10:15 a. m.
Tuesday November 11, 2008 City Hall Closed in Observance of Veterans Day
Tuesday November 18, 2008 City Council Meeting McKenzie Hall 9:00 a. m.
Thursday & Friday November 27 & 28, 2008 City Hall Closed in Observance of Thanksgiving
Tuesday December 02, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday December 16, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Thursday December 25, 2008 City Hall Closed in Observance of Christmas
Thursday January 01, 2009 City Hall Closed in Observance of New Year’s
Tuesday January 06, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Monday January 19, 2008 City Hall Closed in Observance of Martin Luther King Birthday
Tuesday January 20, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday February 03, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday February 17, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday March 03, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday March 17, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday April 07, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday April 21, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday May 05, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday May 19, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
HORIZON – UPCOMING IMPORTANT DATES
Monday May 25, 2009 City Hall Closed in Observance of Memorial Day
Tuesday June 02, 2009 City Council Meeting MacKenzie Hall 9:00 a. m,
Tuesday June 16, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Friday July 03, 2009 City Hall Closed in Observance of Independence Day
Saturday July 04, 2009 Independence Day
Tuesday July 07, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday July 21, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Proposed Millage Rate Set
Tuesday August 04, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday August 18, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday September 01, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Saturday September 05, 2009 City Council 1st Budget Hearing MacKenzie Hall 9:00 a.m.
Monday September 07, 2009 City Hall Closed in Observance of Labor Day
Tuesday September 08, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday September 15, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday October 06, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday October 20, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
As approved 022007
Sanibel City Council
“RULES OF CIVILITY FOR PUBLIC PARTICIPATION”
In recognition that public discourse is essential to the democratic system of government on April 16, 2002, Sanibel City Council adopted a Proclamation embracing civility in public deliberations. These rules were updated February 22, 2007.
Therefore, Sanibel City Council sanctioned these rules for public participation while conducting meetings and workshops:
Speakers are permitted to deliver his or her comments without interruption.
Speakers and debates should focus on issues, not on persons or personalities.
Persons are encouraged to participate in the governmental process.
To allow time to hear all points of view, speakers are allotted 3 minutes each time they are recognized.
Sidebar discussions while others are speaking are not permitted in Council Chambers. These discussions are to be removed from the chamber so as not to be disruptive to those conducting and following Council business.
Only the speaker recognized by the Chairperson has the floor. Speakers should raise their hand to be recognized. Speakers should identify themselves for the record. Speakers should utilize the microphone so that their comments can be recorded.
anyone wishing to speak on an issue is given an opportunity to speak before speakers are recognized for an opportunity to speak a second time on an issue.
We seek to understand one another’s points of view.
Anger, rudeness, ridicule, impatience and lack of respect for others are not acceptable behavior. Demonstrations in support or opposition to a speaker or idea such as clapping, cheering, booing or hissing or intimidating body language are not permitted in Council Chambers or workshop facilities.
We should all take initiative to make things better. Our goal is to foster an environment, which encourages a fair discussion and exchange of ideas without fear of personal attacks.
Supplemental Files
Adopted Minutes: Regular Meeting 84.33 kB

