June 3, 2008
Adopted Minutes
June 3, 2008 83.50 kBSANIBEL CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBERS (MacKenzie Hall)
800 DUNLOP ROAD
JUNE 03, 2008
________________________________________________________________________
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
9:00 A. M. 1. Call to Order
2. Invocation and Pledge of Allegiance (Councilmember Johnston)
3. PRESENTATION(S)
a. Proclamation recognizing June 2nd through 6th as Code Enforcement Appreciation Week Click Here For Attachment
b. Presentation to Renee Lynch, Finance Director and Finance Department staff with the Distinguished Budget Presentation Award – Fiscal Year 2008 Annual Budget Click Here For Attachment
c. City of Sanibel presented the Community Sustainability Program Excellence Award for the Sanibel Recreation Center (Fit for Life) Friday, May 30, 2008 from the Florida City and County Management Association Click Here For Attachment
d. City of Sanibel presented the Program Excellence Award: Community Partnership for the Sanibel Historic Museum and Village for a population under 20,000 Friday, May 30, 2008 from the Florida City and County Management Association Click Here For Attachment
e. Proclamation honoring Raymond Hendzel, Code Enforcement Officer, upon his retirement with 14 years of service to the citizens of Sanibel Click Here For Attachment
f. Proclamation honoring Helene Phillips, Recreation Director, upon her retirement with 27 years and 10 months of service to the citizens of Sanibel 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 (Commissioner Tom Krekel)
7. First Reading of an ordinance and scheduling of public hearing.
(Note: The First Reading is not a public hearing and no discussion or testimony will be taken unless the ordinance changes permitted conditional or prohibited uses as required by State Statute.)
a. ORDINANCE 08-010 AMENDING THE SANIBEL CODE, SUBPART A, GENERAL ORDINANCES, CHAPTER 1, - GENERAL PROVISIONS, ADDING NEW SUBSECTION 1.18 ENTITLED “IMPOSITION OF FILING FEE APPLICABLE TO ALL CITATIONS FOR VIOLATION OF MUNICIPAL ORDINANCE”; AMENDING CHAPTER 66, TRAFFIC, ARTICLE II, PARKING, STOPPING AND STANDING, DIVISION 1, GENERALLY, SECTION 66.37 - PENALTY; PAYMENT OF FINE; REFERRAL TO COUNTY COURT; AMENDING DIVISION 2, BEACH AREA PARKING RESTRICTIONS, SUBDIVISION II, PERMITS, SECTION 66-85 - FEES; HOURS, OF THE CODIFIED ORDINANCES OF THE CITY OF SANIBEL; ESTABLISHING A $10.00 FILING FEE TO BE ADDED TO ALL MUNICIPAL ORDINANCE VIOLATION CITATIONS, SAID FILING FEE REPRESENTING THE FEE CHARGED TO THE CITY OF SANIBEL BY THE LEE COUNTY CLERK OF COURTS FOR PROCESSING MUNICIPAL ORDINANCE VIOLATION CITATIONS ISSUED WITHIN THE CITY OF SANIBEL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE Click Here For Attachment
8. CONSENT AGENDA (ANY PERSON MAY REQUEST THAT COUNCIL REMOVE AN ITEM FROM THE CONSENT AGENDA FOR DISCUSSION BY NOTIFYING THE CITY CLERK, OR A COUNCIL MEMBER, PRIOR TO THE MEETING)
a. Approval of Minutes –February 19, 2008 Regular Meeting and May 20, 2008 Regular Meeting Click Here For Attachment
b. RESOLUTION 08-065 ACCEPTING A PERPETUAL UTILITY EASEMENT, GRANTOR’S AFFIDAVIT AND BILL OF SALE FOR WASTEWATER FACILITIES, FROM SANIBEL BEACH CLUB CONDOMINIUM ASSOCIATION, INC.; AUTHORIZING THE CITY MANAGER TO RECORD SAME IN THE OFFICIAL RECORDS OF LEE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE Click Here For Attachment
c. Approval of an agreement for Disaster Recovery Services with Crowder Gulf Joint Venture, Inc., to provide as-needed and as-directed Emergency Recovery Services in the event of a hurricane or other major disasters and authorize the City Manager to execute same Click Here For Attachment
d. Approval of an agreement for Disaster Recovery Services with AshBritt, Inc., to provide as-needed and as-directed Emergency Recovery Services in the event of a hurricane or other major disaster and authorize the City Manager to execute same Click Here For Attachment
e. Approval of an Interlocal Agreement between the City of Sanibel and Lee County for Community Development Block Grant (CDBG) funds in the amount of $43,260 for mitigating repairs to 25 multi-family units for Below Market Rate Housing (BMRH) Click Here For Attachment
f. Approval of a South Florida Water Management (SFWMD) grant in the amount of $55,000 funding the Sanibel River Restoration Project and authorize the City Manager to execute same Click Here For Attachment
g RESOLUTION 08-070 APPROVING REVISED RULES OF PROCEDURE FOR THE PLANNING COMMISSION; AND PROVIDING AN EFFECTIVE DATE Click Here For Attachment
h. RESOLUTION 08-071 AMENDMENT/TRANSFER NO. 2008-052 AND PROVIDING AN EFFECTIVE DATE (to appropriate $49,000 from the General Fund Reserve for disasters to the MIS Department for the purchase of 14 laptop computers and software licenses for each to be utilized by the Structural Safety inspectors to report and transmit data to Lee County using its ARC software in the event of a disaster. This budget amendment does not increase the FY 2008 budget. The balance in the Reserve for disasters will be $4,026,000 after this amendment. There are no new additional funds appropriated by this amendment) Click Here For Attachment
9. OLD BUSINESS
a. Continuation of discussion regarding proposal from Sanibel Dog Club, Inc.
i. Correspondence of May 28, 2008 from Eric Linblad, Sanibel Captiva Conservation Foundation (SCCF) Executive Director of regarding dog park development Click Here For Attachment
ii. Maps of City-owned hurricane debris processing site located on the north side of Island Inn Road currently designated as within the Environmentally Sensitive Lands Conservation District Click Here For Attachment
iii. Correspondence of May 28, 2008 received Sanibel Dog Club, Inc Click Here For Attachment
b. Periwinkle Plantings Update
i. Review 2008 Planting Plan as prepared by Vanasse Daylor Click Here For Attach
ii. Project Budget Update Click Here For Attachment
iii. Direction to Staff regarding perpetual easements Click Here For Attachment
c. Update on Financial Issues
i. Update regarding State Local Government Investment Pool (Vice Mayor Ruane) Click Here For Attachment
ii. Weigh Station Alternatives (Mayor Denham)
1. Historical Revenues and Expenditures Click Here For Attachment
2. Estimate for construction cost Click Here For Attachment
3. Estimate for scales costs Click Here For Attachment
4. Estimate of technology costs Click Here For Attachment
5 Drawing designating City-owned altered uplands currently designated as Environmentally Sensitive Land located on the west side of Causeway Boulevard and south of the corporate boundary Click Here For Attachment
6. Direction to City Staff regarding the evaluation of feasibility to construct Weigh Station on City-owned altered uplands currently designated as Environmentally Sensitive Land on the west side of Causeway Boulevard and south of the corporate boundary Click Here For Attachment
iii. Discussion regarding direction to staff regarding increasing recreational fees Click Here For Attachment
d. Water Quality Issues
i. Reports from City Council members
1. Letter to SFWMD (Councilmember Johnston) Click Here For Attachment
ii. Staff Reports
1. Blind Pass project update by Lee County Division of Natural Resources staff Click Here For Attachment
2. Staff report regarding South Florida Water Management District (SFMWD) Everglades project halted and RESOLUTION 08-069 URGING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT GOVERNING BOARD TO IMMEDIATELY RECONSIDER AND REVERSE ITS DECISION TO HALT THE CONSTRUCTION OF THE EVERGLADES AGRICULTURAL AREA RESERVOIR A-1 PROJECT; AND PROVIDING AN EFFECTIVE DATE Click Here For Attachment
3. Status report regarding fertilizer ordinance education/enforcement update Click Here For Attachment
e. Approval of FY 2008-2009 City Council goals Click Here For Attachment
10. COMMITTEES BOARDS COMMISSION
a. Acceptance of a resignation from Richard McCurry Parks and Recreation Committee member Click Here For Attachment
b. Timeline for advertising, interviewing and appointment to fill the vacant Parks and Recreation Committee member seat Click Here For Attachment
c. Transmittal of the Planning Commission’s Annual Review of the Capital Improvements Element of the Sanibel Plan Click Here For Attachment
11. NEW BUSINESS
a. RESOLUTION 08-068 OF THE SANIBEL CITY COUNCIL TO FIX A TIME, DATE AND PLACE FOR A PUBLIC HEARING TO DETERMINE THE PROPRIETY AND ADVISABILITY OF ESTABLISHING AND IMPLEMENTING THE SANIBEL SEWER SYSTEM PHASE 5 EXPANSION PROJECT, WHICH INCLUDES ALL LOTS AND LANDS WITHIN THE PLATTED SUBDIVISIONS OF SANIBEL BAYOUS I AND II, HERON’S LANDING I AND II, BLIND PASS CONDOMINIUMS AND THE PARCEL LOCATED IN NW ¼ OF NE ¼ OF SECTION 13, TOWNSHIP 46 SOUTH, RANGE 21 EAST, WITHIN THE CITY OF SANIBEL, AS TO THE COST AND FUNDING THEREOF, THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT TO BE ASSESSED EACH PROPERTY SO IMPROVED, PURSUANT TO SECTIONS 170.07 AND 170.08, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE Click Here For Attachment
b. Discussion regarding private street debris pick-up to meet FEMA requirements for re-imbursement Click Here For Attachment
12 CITY MANAGER
a. Informational Items
i. Regulations governing vegetative debris and potential fire hazards Click Here For Attachment
ii. Revised Council liaison assignments as of May 20, 2008 Click Here For Attachment
iii. Press Release regarding 100% grant funding for Dixie Beach Boulevard 77-acre Mangrove Restoration Project to improve fisheries and wading bird habitat Click Here For Attachment
iv. Press Release regarding Pond Apple Park Trail Opening Click Here For Attachment
13. CITY ATTORNEY'S REPORT
14. COUNCIL MEMBERS' REPORT
a. Report regarding the Commissioner Hall meeting of Thursday, May 01, 2008 and county charter amendment proposal (Mayor Denham) Click Here For Attachment
15. PUBLIC COMMENT
16. ADJOURNMENT
12:15 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
12:30 P. M. EXECUTIVE SESSION RELATING TO UNION NEGOTIATIONS. In attendance shall be the following
persons: Click Here For Attachment
Mayor Mick Denham
Vice Mayor Kevin Ruane
Councilman Jim Jennings
Councilmember Carla Johnston
Councilman Peter Pappas
Sanibel City Manager Judie Zimomra
Sanibel City Attorney Kenneth Cuyler
Jim Isom, Administrative Services Director
Wayne Helsby, Labor Counsel (Allen, Norton & Blue)
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 http://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
NOTICE – CALENDAR SUBJECT TO CHANGE
Tuesday June 17, 2008 City Council Meeting CANCELED
Tuesday July 01, 2008 City Council Meeting CANCELED
Friday July 04, 2008 City Hall Closed in Observance of Independence Day
Friday July 04, 2008 Fireworks Display Dusk
Tuesday July 15, 2008 City Council Meeting MacKenzie Hall 9:00 a. m. Proposed Millage Rate Set
Tuesday August 05, 2008 City Council Meeting CANCELED
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 RESCHEDULED TO Saturday, September 06
Saturday September 06, 2008 First Budget Hearing MacKenzie Hall 9:00 a. m.
Saturday September 06, 2008 City Council Meeting MacKenzie Hall 1:00 pm
Tuesday September 16, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday September 16, 2008 Final Budget Hearing MacKenzie Hall 5:01 p. m.
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 11, 2008 Veterans Day Ceremony at City Hall TBA
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 03, 2009 City Council Elections 7:00 am to 7:00 pm
Wednesday March 04, 2009 City Council Orientation MacKenzie Hall 1:00 p.m.
Tuesday March 17, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Oath of Office New Councilmembers
Election of Mayor/Vice Mayor
Thursday March 19, 2009 Volunteer Luncheon Recreation Center 11:30 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.
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 August 04, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
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 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.
Tuesday November 03, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Thursday November 05, 2009 Student Government Day MacKenzie Hall 10:00 a. m
Lunch on City Hall grounds 12:00 p. m.
Wednesday November 11, 2009 City Hal Closed in Observance of Veterans Day
Wednesday November 11, 2009 Veterans Day Ceremony at City Hall TBA
Tuesday November 17, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Thursday/Friday November 26th and 27th City Hall Closed in Observance of Thanksgiving
Tuesday December 01, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday December 15, 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:
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. 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.
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.