Tuesday June 01 2010

9:00 A. M.

1. Call to Order
2. Invocation and Pledge of Allegiance (Councilman Jennings)
3. PRESENTATION(S)
   1. Proclamation recognizing Sanibel Beautiful, Inc., for their 10th Anniversary and the former Periwinkle Partnership for receiving the Award of Merit in the Transportation Category from the Florida Native Plant Society for the Periwinkle Way Restoration Project
      03 a (pdf 46.71 kB)
   2. Presentation by Dennie Hamilton, CEO and Executive Vice President, Lee County Electric Cooperative regarding power outages
      03 b (pdf 1.07 MB)
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 Holly Smith)
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.)
   1. ORDINANCE 10-006 AMENDING THE SANIBEL CODE, SUB PART A, GENERAL ORDINANCES, AMENDING CHAPTER 46, PEDDLERS AND SOLICITORS, ARTICLE II, SOLICITORS, DIVISION 1, GENERALLY, AND DIVISION II, PERMIT, IN ORDER TO CLARIFY DEFINITIONS, EXCEPTIONS, AND ACTS PROHIBITED; AMENDING AND CLARIFYING THE PERMIT APPLICATION PROCEDURES AND RESPONSIBILITIES, INCLUDING PROVISIONS RELATING TO ISSUANCE, DURATION, DUTY TO CARRY PERMIT, AND FEES; PROVIDING FOR REVISIONS TO THE APPEAL PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING EFFECTIVE DATE.
      07 a (pdf 246.62 kB)
   2. ORDINANCE 10-007 PERTAINING TO BRAZILIAN PEPPER ERADICATION; AMENDING SUBSECTION 2 (b) OF ORDINANCE NO. 98-002 BY AMENDING THE BRAZILIAN PEPPER ERADICATION MAP REFERRED TO IN THAT SECTION; BY IMPLEMENTING A NEW MANDATORY BRAZILIAN PEPPER ERADICATION ZONE NO. 5, IN ADDITION TO MANDATORY ERADICATION ZONE 1 REFERRED TO IN SECTION 3 OF ORDINANCE 98-02, ZONE 2 IN SECTION 2 OF ORDINANCE 00-15, ZONE 3 IN SECTION 2 OF ORDINANCE 02-07, AND ZONE 4 IN SECTION 2 OF ORDINANCE 05-008; DIRECTING THE CITY MANAGER TO MAINTAIN ON FILE IN THE PUBLIC RECORDS A COPY OF THE BRAZILIAN PEPPER ERADICATION MAP AS AMENDED AND THE DESCRIPTION OF THE MANDATORY ERADICATION ZONES (1, 2, 3, 4, AND 5); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE.
      07 b (pdf 173.96 kB)
8. 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)
   1. Approval of minutes – April 20, 2010 and May 04, 2010
      08 a (pdf 898.86 kB)
   2. Approval of a Grant Memorandum of Agreement between the City of Sanibel and the Department of Agriculture for $18,020 and authorize the City Manager to execute same (this grant is to restore eagle habitat in Pond Apple Park and the Paulsen Preserve by removing exotics and planting native plant species) and RESOLUTION 10-051 APPROVING BUDGET AMENDMENT /TRANSFER NO. 2010-033 AND PROVIDING AN EFFECTIVE DATE (To budget an $18,020 grant from the Department of Agriculture to restore eagle habitat in Pond Apple Park and the Paulsen Preserve by removing exotics and planting native tree species. This amendment increases the FY10 budget by $18,020.)
      08 b (pdf 779.51 kB)
   3. Approve a one-year extension to the current agreement between the City of Sanibel and Citation Management for the collection of parking tickets and authorize the City Manager to execute same
      08 c (pdf 467.14 kB)
   4. RESOLUTION 10-050 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-031 AND PROVIDING AN EFFECTIVE DATE (To budget a $25,000 payment from Sanibel Bayous Development Corporation (SBDC) as full payment pursuant to the agreement approval on April 20, 2010 by City Council relating to SBDC’s obligation to clear/transplant certain vegetation in rights-of-way along Wulfert Road and related matters as described in the agreement. This amendment increases FY10 revenue budget by $25,000.)
      08 d (pdf 291.85 kB)
   5. Approval of an Interlocal Agreement between the City of Sanibel and Lee County Sheriff’s Department, City of Fort Myers, Lee County Emergency Operations Center (EOC) and Lee County Port Authority for shared use of Community Notification System at a cost of $2,900, which is contained in the FY10 budget and authorize the City Manager to execute same
      08 e (pdf 405.43 kB)
   6. Request from the Children’s Education Center of the Island, Inc., for waiver of Special Events fees for April 23, 2011 for the rental of Community Park in the amount of $475 (this event has been previously approved & is considered a grandfathered event)
      08 f (pdf 258.59 kB)
   7. Request to co-sponsor and waive Special Events fees in the amount $1,800 for the annual grandfathered Independence Day Parade by Friends of Don, Inc., (this event has been previously approved & is considered a grandfathered event)
      08 g (pdf 335.44 kB)
   8. RESOLUTION 10-055 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-029 AND PROVIDING AN EFFECTIVE DATE (after retiring debt obligations approved by Council on April 20, 2010, the accrued interest was $5,795 less than estimated. This budget amendment decreases interest costs by $5,795: decreases banking fees by $1,200; decreases interest income by $200; and decreases transfers from the General Fund by $6,795. This budget amendment does not increase or decrease the FY10 budget)
      08 h (pdf 109.38 kB)
   9. RESOLUTION 10-056 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-030 AND PROVIDING AN EFFECTIVE DATE (to reduce the FY10 budget for workers compensation expense by $204,701 to reconcile to audited expenses for FY09 and current year premium. This increases ending fund balance in the appropriate funds. This amendment does not increase or decrease the FY10 budget)
      08 i (pdf 70.80 kB)
   10. Approve an agreement between the City of Sanibel and U.S. Fish and Wildlife Services for a grant in the amount of $25,000 for exotic plant control at the Sanibel Gardens Preserve and Sanibel State Botanical Site and authorize the City Manager to execute same (this grant requires a match in the amount of $27,300, which is broken down as follows; 1) $5,000 for materials; 2) $20,000 for labor; and 3) $2,300 for administrative and monitoring cost. The match was budgeted in the FY10 budget in the Natural Resources budget in Fund 116. This grant will increase the FY10 budget by $25,000) and RESOLUTION 10-052 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-032 AND PROVIDING AN EFFECTIVE DATE (To budget a $25,000 grant from US Fish and Wildlife for exotic plant control at the Sanibel Gardens Preserve and Sanibel State Botanical Site. This grant requires a match of $27,300. The match is budgeted in the Brazilian Pepper Fund. This amendment increases the FY 10 budget by $25,000.)
       08 j (pdf 257.09 kB)
   11. Approve the City Manager to execute the Lee County Electric Cooperative Standard Interconnection Agreement in conjunction with the Boat Ramp restroom’s solar power system
       08 k (pdf 251.32 kB)
   12. Approve the purchase of a 2,000-gallon water truck from Bartow Ford Company in the amount of $66,585 (this amount is funded in the FY10 adopted budget Capital Improvement Budget -Fund 300)
       08 l (pdf 49.10 kB)
   13. Accept the ranking of the selection committee and authorize the City Manager to enter into contract negotiations with Sea Diversified for the Surveying Services for Physical Monitoring Coastal Erosion and Accretion (this project is currently funded in the adopted FY10 budget)
       08 m (pdf 38.25 kB)
   14. Award 2010 Shared Use Path Repairs contract to Bonness, Inc. in the amount of $84,850.07 and authorize the City Manager to execute same (this project is funded in the FY 10 adopted budget)
       08 n (pdf 139.59 kB)
   15. Award 2010 Street Resurfacing contract to C. W. Roberts Construction, Inc. in the amount of $679,141 and authorize the City Manager to execute same (funding is available in the FY10 Public Works Streets budget, funds 101)
       08 o (pdf 146.74 kB)
   16. Approve an agreement for Consulting Services with AIM Engineering & Surveying, Inc., to perform the Dunlop Road/Wooster Lane survey for $12,400 and authorize the City Manager to execute same (funding is available in the FY10 budget, funds 101)
       08 p (pdf 196.05 kB)
   17. Approve an agreement for Consulting Services with AIM Engineering & Surveying, Inc., to perform the East Periwinkle Way survey for $47,975 and authorize the City Manager to execute same (this project is funded in the adopted FY10 budget in the Periwinkle Way Improvements fund (Fund 307)
       08 q (pdf 202.92 kB)
   18. Approval of a Memorandum of Understanding with the Florida Department of Law Enforcement for accessing and sharing law enforcement records information with initial costs funded by a federal grant
       08 r (pdf 327.22 kB)
   19. Approve a letter of support for the Lee County Sheriff’s Department for a grant (Edward Byrne Memorial Justice Assistance Grant) which includes $2,831 for the enhancement of the wireless police reporting system for the Sanibel Police Department and authorize the Mayor to execute same and RESOLUTION 10-061 APPROVING BUDGET AMENDMENT/ TRANSFER NO. 2010-035 AND PROVIDING AN EFFECTIVE DATE (To budget and appropriate an Edward Byrne Memorial Justice grant of $2,831, through the Florida Department of Law Enforcement. Funds will be used to improve Sanibel’s wireless police reporting system through the purchase of computer equipment for a patrol officer. This amendment increases the FY10 budget by $2,831.)
       08 s (pdf 205.31 kB)
9. OLD BUSINESS
   1. Water Quality
      1. Lake Okeechobee Issues
         1. Report on attendance at a public hearing by the Army Corps of Engineers and Colonel Pantano regarding Lake Okeechobee freshwater releases (Vice Mayor Denham)
            09 a i 1 (pdf 8.74 kB)
         2. Freshwater releases from Lake Okeechobee and potential City strategies (Vice Mayor Denham)
            09 a i 2 (pdf 7.58 kB)
         3. Request for legislative support from the Chairman, Everglades Trust, for SFWMD to purchase the first 73,000 acres of critical land for the restoration of the Everglades by adopting supporting legislation (Mayor Ruane)
            RESOLUTION 10-062 OF THE CITY COUNCIL OF THE CITY OF SANIBEL, FLORIDA, SUPPORTING THE ACQUISITION OF 73,000 ACRES OF U.S. SUGAR LANDS BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO SIGNIFICANTLY REDUCE AGRICULTURAL POLLUTION AND TO STORE AND CLEAN WATER FOR RELEASE INTO THE EVERGLADES DURING THE DRY SEASON; AND PROVIDING AN EFFECTIVE DATE
            09 a i 3 (pdf 432.74 kB)
      2. Oil Spill Issues.
         1. Status report regarding Deep Water Horizon and City efforts
            09 a ii 1 (pdf 6.89 kB)
         2. Report on attendance at the Lee County Board of Commissioners meeting of Tuesday, May 11, 2010 (Mayor Ruane)
            09 a ii 2 (pdf 7.69 kB)
10. COMMITTEES, BOARDS, COMMISSION
    1. City Council Liaison to Planning Commission - REVISED
       10 a (pdf 18.85 kB)

       June 8, 2010	Councilmember Jennings	Report of 06/01/10 CC Meeting
       June 22, 2010	Councilmember Harrity
       July 13, 2010	Mayor Ruane
       July 27, 2010	Vice Mayor Denham	Report of 07/20/10 CC Meeting
       August 10, 2010	Councilmember Pappas	Report of 08/03/10 CC Meeting
       August 24, 2010	Councilmember Jennings
       September 14, 2010	Councilmember Harrity	Report of 09/11/10 CC Meeting
       September 28, 2010	Mayor Ruane	Report of 09/21/10 CC Meeting
       October 12, 2010	Vice Mayor Denham	Report of 10/05/10 CC Meeting
       October 26, 2010	Councilmember Pappas
       November 9, 2010	Councilmember Jennings	Report of 11/02/10 CC Meeting
       November 23, 2010	Councilmember Harrity
       December 14, 2010	Mayor Ruane	Report of 12/07/10 CC Meeting
       December 28, 2010	Vice Mayor Denham

    2. Resort Housing District Redevelopment Study reporting schedule to City Council from the Planning Commission
       10 b i (pdf 10.54 kB)

       Tuesday, July 20, 2010

       Tuesday, September 21, 2010

       Tuesday, November 02, 2010

       Tuesday, January 04, 2011

       Tuesday, March 01, 2011

       Tuesday, May 03, 2011

       Tuesday, July 19, 2011

    3. RESOLUTION 10-053 APPOINTING A (FLORIDA PREFERRED) ENGINEER TO THE CONTRACTORS REVIEW BOARD; AND PROVIDING AN EFFECTIVE DATE
       10 c (pdf 322.25 kB)
11. NEW BUSINESS
    1. RESOLUTION 10-054 OF THE SANIBEL CITY COUNCIL TO FIX A TIME, DATE AND PLACE FOR A PUBLIC HEARING (1) TO DETERMINE THE PROPRIETY AND ADVISABILITY OF ESTABLISHING AND IMPLEMENTING A RECURRING ANNUAL SPECIAL SERVICE ASSESSMENT TO FUND THE CITY’S COLLECTION AND DISPOSAL OF SOLID WASTE, RECYCLABLES AND HORTICULTURAL WASTE FOR RESIDENTIAL DWELLING UNITS (DEFINED AS ONE THROUGH FOUR RESIDENTIAL DWELLING UNITS PER PARCEL) WITHIN THE INCORPORATED AREA OF SANIBEL, FLORIDA, PURSUANT TO SECTION 170.07 AND 170.08, FLORIDA STATUTES, AND (2) AUTHORIZING THE COLLECTION OF SUCH ASSESSMENTS ON THE RESIDENTIAL REAL ESTATE TAX BILL AS AUTHORIZED BY THE UNIFORM COLLECTION METHOD (SECTION 197.3632, FLORIDA STATUTES); AND PROVIDING AN EFFECTIVE DATE.
       11 a (pdf 76.35 kB)
    2. RESOLUTION 10-058 APPROVING A SECOND AMENDMENT OF GROUND LEASE BETWEEN THE CITY AND COMMUNITY HOUSING AND RESOURCES, INC. (CHR); AND PROVIDING AN EFFECTIVE DATE.
       11 b (pdf 340.79 kB)
    3. RESOLUTION 10-059 CONSENTING TO AN ASSIGNMENT AND ASSUMPTION OF SECOND AMENDED GROUND LEASE BY AND BETWEEN COMMUNITY HOUSING AND RESOURCES, INC. (AS ASSIGNOR) AND COASTLAND ISLANDS COMMUNITY LAND TRUST, INC. (AS ASSIGNEE) RELATING TO CERTAIN REAL PROPERTY LEASED TO CHR BY THE CITY OF SANIBEL; AUTHORIZING EXECUTION OF THE LANDLORD’S CONSENT DOCUMENT; AND PROVIDING AN EFFECTIVE DATE
       11 c (pdf 222.55 kB)
    4. RESOLUTION 10-060 APPROVING A TERMINATION OF (1) NEGATIVE EASEMENT AND (2) LAND USE RESTRICTION AGREEMENT RELATING TO CERTAIN PARCELS OF LAND IN THE BELOW MARKET RATE HOUSING PROGRAM; AUTHORIZING THE EXECUTION OF THE TERMINATION DOCUMENT; AND PROVIDING AN EFFECTIVE DATE
       11 d (pdf 202.87 kB)
    5. RESOLUTION 10-063 APPROVING AUTHORIZATION FOR THE CITY OF SANIBEL TO ENTER INTO AN AGREEMENT BETWEEN PROPERTY OWNERS TO ADDRESS OWNERSHIP ISSUES RELATED TO DIFFERENT LOT NUMBERING BASED ON CONFLICTING PLATS FOR THE SANIBEL HIGHLANDS SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE.
       11 e (pdf 62.76 kB)
    6. Request from a citizen for the City of Sanibel to apply for the Bicycle Friendly Community designation as recognized by the League of American Bicyclists
       11 f (pdf 761.33 kB)
12. CITY MANAGER
    1. Informational Items
       1. Budget Issues Under Development
          1. City Council FY10 goals; changes/additions
             12 a i 1 (pdf 83.63 kB)
          2. Staff update regarding Recreation Center User Fees
             12 a i 2 (pdf 17.58 kB)
          3. Staff update regarding the establishment of fees for the use of the parking lot and gazebo (post construction) at Community Park, 2231 Periwinkle Way
             12 a i 3 (pdf 63.33 kB)
          4. Staff update regarding the Sewer Rate Study and next steps
             12 a i 4 (pdf 140.69 kB)
          5. Cost savings for Legislative Department to follow Records Retention Schedule
             12 a i 5 (pdf 21.20 kB)
       2. Status of Chamber restrooms & boat ramp restrooms
          12 a ii (pdf 6.43 kB)
       3. Response to a citizen issue relative to sale and consumption of alcohol and state alcohol laws and regulations
          12 a iii (pdf 151.85 kB)
       4. Building Department Monthly Revenue Report
          12 a iv (pdf 27.75 kB)
       5. Building Department Monthly Permit and Inspections
          12 a v (pdf 182.74 kB)
       6. Planning Department Permit Activity Report
          12 a vi (pdf 121.78 kB)
       7. Planning Department Code Enforcement Activity Report
          12 a vii (pdf 206.59 kB)
       8. General Employees’ Retirement Plan Investment Performance for Period Ending March 31, 2010
          12 a viii (pdf 600.41 kB)
       9. Federal Register Announcement of Award for Phase 2 of ATTPL (Alternative Transportation)
          12 a ix (pdf 362.93 kB)
       10. Sanibel Historical Museum and Village, Inc., Profit and Loss Previous Year Comparison – October, 2009 through March, 2010
           12 a x (pdf 164.84 kB)

       11. Causeway count March & April, 2010

           12 a xi (pdf 227.37 kB)
           Executive Session (pdf 10.86 kB)

            

           12:00- 12:30P.M. EXECUTIVE SESSION RELATING TO AFSCME NEGOTIATIONS

           In Attendance shall be only the following persons:

           Mayor Kevin Ruane

           Vice Mayor Mick Denham

           Councilmember Marty Harrity

           Councilmember Jim Jennings

           Sanibel City Manager Judie Zimomra

           Sanibel City Attorney Kenneth Cuyler

           Director of Administratives, Service Jim Isom

           Finance Director, Sylvia Edwards

13. CITY ATTORNEY'S REPORT
    13 (pdf 5.46 kB)
14. COUNCIL MEMBERS' REPORT
    1. Tourism Development Council (TDC) meeting of May 13, 2010 (Mayor Ruane)
       14 a (pdf 6.67 kB)
    2. Report on his trip to Washington, D.C. (Councilmember Jennings)
       14 b (pdf 6.59 kB)
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.

HORIZON – UPCOMING
IMPORTANT DATES

Sanibel City Council
“RULES OF CIVILITY FOR PUBLIC PARTICIPATION”

As approved 022007

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.