October 16, 2007
Adopted Minutes
October 16, 2007 77.30 kBSANIBEL CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBERS (MacKenzie Hall)
800 DUNLOP ROAD
OCTOBER 16, 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. Meet and Greet Senator Saunders
9:00 A. M. 1. Call to Order
2. Invocation and Pledge of Allegiance (Councilman Pappas)
3. PRESENTATION(S)
a. Employee of the Quarter, 4th Quarter, FY 2006-2007 Click Here For Attachment
b. Proclamation proclaiming October 23-31, 2007 as Red Ribbon
Week supporting a Coalition for a Drug Free Southwest Florida Click Here For Attachment
c. Senator Burt Saunders 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
9:45 A. M. 6. Second Reading and Public Hearing
a. ORDINANCE 07-014 ESTABLISHING MEMBERSHIP FEES FOR THE CITY OF SANIBEL RECREATION CENTER; AND PROVIDING AN EFFECTIVE DATE Click Here For Attachment
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. Request by Island Seniors, Inc., for consideration to waive fees associated with their Special Events Application for the annual Senior Bazaar at historical levels Click Here For Attachment
b. Consideration to waive Special Events Application cone and barricade equipment rental fees at historical levels in the amount of $90.00 for Baileyfest October 21, 2007 Click Here For Attachment
c. Award 2008 Sanibel River Clearing contract to Canoe Adventures, Inc., in the amount of $90,000 as sole source vendor. Click Here For Attachment
d. Award Community Park Site Improvements contract to Grounds by Greenways, Inc., in the amount of $96,212 and authorize the City Manager to execute same Click Here For Attachment
e. Award Community Park Restroom Pavilion contract to Norstar Construction, Inc., in the amount of $ 169,500 and authorize the City Manager to execute same Click Here For Attachment
f. Award ADA Improvements – Tarpon Bay Road and Gulfside Park Restrooms contract to Norstar Construction, Inc., in the amount of $123,472 and authorize the City Manager to execute same Click Here For Attachment
g. Accept South Florida Water Management District (SFWMD) Water Savings Incentive Program Grant in the amount of $25,000 for reimbursement to customers who connect to the reuse water system and authorize the City Manager to execute the Funding Agreement Click Here For Attachment
h. RESOLUTION 07-142 APPROVING BUDGET
AMENDMENT/TRANSFER NO. 2008-005 AND
PROVIDING AN EFFECTIVE DATE (to roll-forward TDC grant #402062 in the amount of $90,000 for the renovation of restrooms at the chamber of commerce. This grant was originally awarded by the TDC in FY06. This amendment increases FY08 revenue and expense by $90,000; however no new or additional funds are being appropriated by this amendment)
i. RESOLUTION 07-143 APPROVING BUDGET
AMENDMENT/TRANSFER NO. 2008-007 AND
PROVIDING AN EFFECTIVE DATE (to roll-forward from FY07 to FY08: 1) $15,000 of unspent funds in the Public Works Department for the thermoplastic striping; 2) $89,130 of unspent funds at the Donax plant for paving of Starling Way and Caloosa ($35,000) and inflow and improvements $54,130); 3) $33,000 of unspent funds in the sewer capital improvement program for a sewer jetter. This amendment increases General Fund budget by $15,000 and Sewer Fund budget by 122,130. However, no new or additional funds are appropriated by this amendment.) Click Here For Attachment
j. RESOLUTION 07-144 APPROVING BUDGET
AMENDMENT/TRANSFER NO. 2008-008 AND
PROVIDING AN EFFECTIVE DATE (to move $1,040 from the General Fund reserve for contingency expense line to the Legislative Department to cover a grant of $539.70 to Lee County Human Services and $500 to START, per Council action on 10/2/07. This amendment does not increase FY08 expense) Click Here For Attachment
k. RESOLUTION 07-145 APPROVING BUDGET
AMENDMENT/TRANSFER NO. 2008-009 AND
PROVIDING AN EFFECTIVE DATE (to transfer $45,000 from the General Fund Contingency Reserve plus $85,000 carry forward of beginning fund balance appropriated in FY 2007 by BA # 07-096, to provide funding to Lee County pursuant to the final estimate from the contractor for the work on Sextant Drive. This budget amendment increases the budget by $130,000. However, no new or additional funds are being appropriated by this amendment. The General Fund contingency reserve is reduced to $227,533 by this amendment.) Click Here For Attachment
l. RESOLUTION 07-146 APPROVING BUDGET
AMENDMENT/TRANSFER NO. 2008-010 AND
PROVIDING AN EFFECTIVE DATE (to transfer $65,000 from the General Fund for Environmental initiatives to the Environmental Defense Fund for fertilizer education program including producing video, dvd, printing and mailing costs. This amendment increases the budget by $65,000. However no new or additional funds are being appropriated by this amendment. The General Fund Reserve for Environmental Initiatives is reduced to $1,054,420 by this amendment.) Click Here For Attachment
m. RESOLUTION 07-147 APPROVING BUDGET
AMENDMENT/TRANSFER NO. 2008-011 AND PROVIDING AN EFFECTIVE DATE (to roll-forward $22,720 in the General Fund to re-encumber PO# 700202 ($17,720) and PO # 700308 ($5,000) for Iguana and Lizard eradication programs, respectively. To roll-forward in the Capital Acquisition Fund $146,992 to re-encumber PO #700086 for Positron mobile dispatch project ($140,497) and PO #700098 for the integrated license plate photo system ($6,495) and for 3-replacement patrol cars ($89,000). This amendment increases the budget by $258,712. However, no new or additional funds are being appropriated by this amendment.) Click Here For Attachment
n. Acceptance of a TDC grant in the amount of $845,000 for Beach Maintenance and authorize the City Manager to execute same Click Here For Attachment
o. Acceptance of a TDC grant in the amount of $30,000 for Beach Erosion Monitoring and authorize the City Manager to execute same Click Here For Attachment
p. Acceptance of a TDC grant in the amount of $30,000 for Water Quality Monitoring – San Carlos Bay and authorize the City Manager to execute same Click Here For Attachment
q. Acceptance of a TDC grant in the amount of $100,000 for a Family Restroom Facility at Bowman’s Beach Park and authorize the City Manager to execute same Click Here For Attachment
r. Acceptance of a TDC grant in the amount of $145,000 for Restroom Improvements at Turner Beach and authorize the City Manager to execute same Click Here For Attachment
s. Acceptance of a TDC grant in the amount of $21,000 for Beach Access Improvements and authorize the City Manager to execute same Click Here For Attachment
t. Acceptance of a TDC grant in the amount of $74,830 for the Caloosahatchee River Water Quality Observatory and authorize the City Manager to execute same Click Here For Attachment
u. RESOLUTION 07-141 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-006 AND
PROVIDING AN EFFECTIVE DATE (to transfer $31,427 from the General Fund reserves for contingency expense line to the Administrative Department to cover wage and benefit adjustment for the City Manager per Council action on 10/2/07. The General Fund contingency reserve is reduced to $243,573 by this amendment.) Click Here For Attachment
v. Award Periwinkle Way Native Planting Areas 8 and 16 contract to the Sanibel-Captiva Conservation Foundation’s Native Plant Nursery in the amount of $43,912 Click Here For Attachment
w. RESOLUTION 07-148 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-012 AND PROVIDING AN EFFECTIVE DATE (1)to roll-forward $2,500 in the General Fund to re-encumber PO# 700280 for the evaluation of the City Hall phone system. (2) To roll-forward $60,898 in the Capital Acquisition Fund to re-encumber PO # 600202 ($19,500) PO # 7003002 ($18,542) and PO # 700303 ($22,856) for the AM radio emergency notification project, the additional Positron software licenses and the upgrade and installation of additional copies of Positron in the police department, respectively; and (3) to roll-forward $134,348 in the Beach Parking Fund to re-encumber PO # 700205 for the camera video system for Lighthouse Park. This amendment increases the FY 2008 budget by $197,746. There are no new or additional funds appropriated by this amendment.)
8. OLD BUSINESS
a. Water Quality Issues
1. Reports from City Council members Click Here For Attachment
2. Staff Reports
i. Status of beach closings due to Enterococcus Bacteria and subsequent steps Click Here For Attachment
1. City of Sanibel Calls on Florida DEP
& Lee County Health Department to
“Leave No Stone Unturned” in
Identifying Sources of Beach Pollution Click Here For Attachment
2. Test Results Click Here For Attachment
3. November 2006 Sanibel Bayous DEP
Inspection Report Click Here For Attachment
4. August 2007 DEP Sanibel Bayous Consent Agreement Click Here For Attachment
5. Sanibel Bayous Sewer System Conditions Assessment by RJN Group
3. Fertilizer Control
i. Status of Lee County Fertilizer Ordinance Click Here For Attachment
ii. Preview of Water Quality “Be Wise If You Fertilize” video Click Here For Attachment
4. Update on Algae Management Program Click Here For Attachment Click Here For Attachment
5. Status of TSP Release Schedule Click Here For Attachment
6. Status of C-43 construction Click Here For Attachment
b. Recreation Center Issues
1. Staff Status Report and Construction Manager Monthly Report Click Here For Attachment
2. Review of December 1, 2007 dedication program Click Here For Attachment
3. Change Order to add 2 digital phones plus installation/programming labor at a cost of $477.29
c. Joint City Council/Fort Myers Beach Meeting Click Here For Attachment
d. Discussion of policy for applications for funding requests from 3rd parties
e. Review of staff recommendations for the legislative delegation – Deadline for material submission and register to make a general presentation Thursday, November 15, 2007 at 5:00 p. m. – Lee County Delegation Meeting and Public Hearing Thursday, November 29, 2007 1:00 to 5:30 P. M. Room S-117 Edison College Click Here For Attachment
9. COMMITTEES BOARDS COMMISSION
a. Appointment of Yvonne D. Hill to the Historical Preservation Committee Click Here For Attachment
10. CITY MANAGER
a. Informational Items
1. Quarterly Financial Report Click Here For Attachment
2. Mayor Denham’s appointment to the Florida League of Cities Urban Planning Council (responsible for water issues) Click Here For Attachment
3. Building Department Monthly Revenue Accumulative as of September 30, 2007 Click Here For Attachment
4. Building Department Permits and Inspections Monthly Report Click Here For Attachment
5. Development Permit Activity Report for September, 2007 Development Permit Activity 4th Quarter Comparison Chart and Development Permit Activity FY 05-06 and FY 06-07 Comparison Chart Click Here For Attachment
6. Code Enforcement Activity Report for September 2007 Click Here For Attachment
7. Status of Lizard Management Program Click Here For Attachment
8. Update Tourism Development Council (TDC) Click Here For Attachment
LUNCH 1:15 P. M. to 2:15 P. M. THE LUNCH BREAK MAY BE RE-SCHEDULED; ITEMS SHOWN AFTER LUNCH MAY BE DISCUSSED PRIOR TO THE LUNCH BREAK, UNLESS LISTED TO BE HEARD AT A SPECIFIED TIME
2:30 P. M. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING
11. CITY ATTORNEY'S REPORT
12. COUNCIL MEMBERS' REPORT
13. PUBLIC COMMENT
14. 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.
HORIZON – UPCOMING IMPORTANT DATES
Sunday October 21, 2007 Baileyfest
Thursday November 01, 2007 Student Government Day MacKenzie Hall 10:00 a. m.
Lunch – City Hall Grounds
Friday November 02, 2007 Community Visioning Workshop SCA 9:00 to 11:00 a. m.
Periwinkle Way West District Plan
Saturday November 03, 2007 Community Visioning Workshop SCA 9:00 to 11:00 a. m.
Periwinkle Way West District Plan
Tuesday November 06, 2007 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday November 06, 2007 Joint City Council MacKenzie Hall 2:30 p. m.
Planning Commission
Saturday November 10, 2007 Cape Coral Veterans’ Day Parade
Sunday November 11, 2007 Veterans Day
Monday November 12, 2007 City Hall Closed in Observance of Veterans’ Day
Monday November 12, 2007 Veterans’ Day Program Ceremony, City Hall 11:00a. m.
Tuesday November 20, 2007 City Council Meeting MacKenzie Hall 9:00 a. m.
Thursday & Friday November 22 & 23, 2007 City Hall Closed in Observance of Thanksgiving
Saturday December 01, 2007 Recreation Facility Dedication Morning
Tuesday December 04, 2007 City Council Meeting MacKenzie Hall 9:00 a. m.
Friday December 07, 2007 Luminary
Tuesday December 18, 2007 City Council Meeting MacKenzie Hall 9:00 a. m.
Monday & Tuesday December 24 & 25, 2007 City Hall Closed in Observance of Christmas
Tuesday 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
Monday January 14, 2008 City Hall Closed in Observance of Martin Luther King Birthday
Tuesday January 15, 2008 City Council Meeting MacKenzie Hall 9:00 p. m.
Sunday January 20, 2008 Chamber Community Fair SCA
Monday January 28, 2008 Hazardous Waste Collection Day
HORIZON – UPCOMING IMPORTANT DATES
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.
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.
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.
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
HORIZON – UPCOMING IMPORTANT DATES
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
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:
1. Speakers are permitted to deliver his or her comments without interruption.
2. Speakers and debates should focus on issues, not on persons or personalities.
3. Persons are encouraged to participate in the governmental process.
4. To allow time to hear all points of view, speakers are allotted 3 minutes each time they are recognized.
5. 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.
6. 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.
7. eryone 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.
8. We seek to understand one another’s points of view.
9. 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.
10. 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.