Tuesday March 02 2010
SANIBEL CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBERS (MacKenzie Hall)
800 DUNLOP ROAD
MARCH 02, 2010
9:00 A.M.
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
“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.
- Call to Order
- Invocation and Pledge of Allegiance (Councilman Jennings)
- PRESENTATION(S)
- Proclamation Recognizing Karen Gudella for 25 Years of City Service
- Charles Dauray, South Florida Water Management District (SFWMD) Board member
- Proclamation Recognizing Karen Gudella for 25 Years of City Service
- Public Comments for non-Agenda items (Maximum time allotted, 20 minutes, with a limitation of 3 minutes per speaker.)
- Council Comments
- Planning Commission Report (Commissioner Mike Valliquette)
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.)
- ORDINANCE 10-002 AMENDING CITY OF SANIBEL INVESTMENT POLICY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE
- ORDINANCE 10-003 AMENDING CHAPTER 14 OF THE SANIBEL CODE, “BUILDINGS AND BUILDING REGULATIONS”, ARTICLE III, LICENSES, REGISTRATIONS AND CERTIFICATIONS, DIVISION 2, CONSTRUCTION CONTRACTORS, SECTION 14-123, CONTRACTORS REVIEW BOARD, FOR THE PURPOSE OF INCREASING THE BOARD MEMBERSHIP BY AN ADDITIONAL 3 SEATS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE
9:15 a.m.
- ORDINANCE 10-002 AMENDING CITY OF SANIBEL INVESTMENT POLICY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE
- Second Reading and Public Hearing
- ORDINANCE 10-001 AMENDING THE SANIBEL CODE BY ADDING A NEW SECTION 1-19 FOR THE PURPOSE OF IMPOSING A $3.00 COURT COST FEE TO EVERY CITATION OR NOTICE TO APPEAR FOR A VIOLATION OF ANY CITY OF SANIBEL ORDINANCE OTHER THAN A VIOLATION RELATED TO PARKING; PROVIDING THAT SUCH $3.00 COURT COST FEE IS IMPOSED PURSUANT TO THE AUTHORITY AND REQUIREMENTS OF SECTION 938.01, FLORIDA STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE
- ORDINANCE 10-001 AMENDING THE SANIBEL CODE BY ADDING A NEW SECTION 1-19 FOR THE PURPOSE OF IMPOSING A $3.00 COURT COST FEE TO EVERY CITATION OR NOTICE TO APPEAR FOR A VIOLATION OF ANY CITY OF SANIBEL ORDINANCE OTHER THAN A VIOLATION RELATED TO PARKING; PROVIDING THAT SUCH $3.00 COURT COST FEE IS IMPOSED PURSUANT TO THE AUTHORITY AND REQUIREMENTS OF SECTION 938.01, FLORIDA STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE
- 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)
- Approval of minutes – February 16, 2010 Regular Meeting
- Request approval to apply for Federal Fiscal Year 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Florida JAG Direct. (The grant requires no matching funds and is intended for law enforcement support. The grant will be used for the purchase of surveillance equipment and will increase the FY2010 budget by $1064) AND RESOLUTION 10-121 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-020 AND PROVIDING AN EFFECTIVE DATE (to budget and appropriate a $1,064 grant from the Florida Department of Law Enforcement (FDLE) for the purchase of five Night Owl Optics Marine pro 4X monocular s. The City will provide a match of $11 towards the $1,075 purchase price. Application Ref #2010-JAGD878 is attached. This amendment increase the FY10 budget by $1,064)
- RESOLUTION 10-022 RESOLUTION AUTHORIZING AND APPROVING A NEGOTIATED PAYMENT TO THE CITY OF SANIBEL BY THE LEE COUNTY SCHOOL DISTRICT FOR CERTAIN RECREATION FACILITIES MAINTENANCE OBLIGATIONS AND EXPENSES; AND PROVIDING AN EFFECTIVE DATE
- Award of Beach Dune Walkover Replacement contract to Winfield Contracting, Inc., in the amount of $99,525 and authorize the City Manager to execute same (This project is fully funded by a Tourism Development Council (TDC) grant. The project does not increase the budget)
- Approval of minutes – February 16, 2010 Regular Meeting
- OLD BUSINESS
- Continued discussion by City Council of issues related to the Land Development regulations that affect re-development in the resort housing sector and to provide direction to the Planning Commission for addressing these issues
- Memorandum from Director Jordan dated February 24, 2010 regarding of a Study of Re-development in the Resort Housing District
- Data and Analysis from Director Jordan dated February 24, 2010 of existing conditions in the Resort Housing District
- Existing multi-family dwellings with 3 and 4 habitable floors from Director Jordan dated February 24, 2010
- Land Use Map of the Resort Housing District dated February, 2010
- Density Map of the Resort Housing District dated February, 2010
- Memorandum from Dr. Rob Loflin dated February 16, 2010 regarding coverage and clearance issues for Re-development
- Background memorandum of January 26, 2010 from Director Jordan
- Existing map of Resort Housing District
- Memorandum from Director Jordan dated February 24, 2010 regarding of a Study of Re-development in the Resort Housing District
- RESOLUTION 10-020 AMENDING RESOLUTION 10-018 ESTABLISHING THE SANIBEL CITY COUNCIL REGULARLY SCHEDULED MEETING DATES FOR THE PERIOD APRIL, 2010 THROUGH AND INCLUDING APRIL, 2011; AND PROVIDING AN EFFECTIVE DATE (Vice Mayor Ruane)
- Responses from elected/appointed officials regarding Resolution 10-001 opposing off-shore drilling
- Discussion regarding Advisory Committees (Councilman Jennings)
- Refining Advisory Committee Application
- Updating the Parks and Recreation Committee’s authorizing legislation
- Refining Advisory Committee Application
- Continued discussion by City Council of issues related to the Land Development regulations that affect re-development in the resort housing sector and to provide direction to the Planning Commission for addressing these issues
- COMMITTEES, BOARDS, COMMISSION
- City Council Liaison to Planning Commission
March 9, 2010 Councilmember Pappas March 23, 2010 Councilmember Jennings April 13, 2010 Councilmember Harrity April 27, 2010 Vice Mayor Ruane May 11, 2010 Mayor Denham May 25, 2010 Councilmember Pappas June 8, 2010 Councilmember Jennings June 22, 2010 Councilmember Harrity July 13, 2010 Vice Mayor Ruane July 27, 2010 Mayor Denham August 10, 2010 Councilmember Pappas August 24, 2010 Councilmember Jennings September 14, 2010 Councilmember Harrity September 28, 2010 Vice Mayor Ruane October 12, 2010 Mayor Denham October 26, 2010 Councilmember Pappas November 9, 2010 Councilmember Jennings November 23, 2010 Councilmember Harrity December 14, 2010 Vice Mayor Ruane December 28, 2010 Mayor Denham
- City Council Liaison to Planning Commission
- NEW BUSINESS
- Consideration of a request filed for final plat approval to subdivide 4 residential duplex housing units by creating 8 separate zero-lot line parcels within a 14-unit Unified Residential Housing Cluster development located on a 2.37 acre parcel of land at 1500 Centre Street (Tax Parcel No. 19-46-23-T4-00006.0020), as submitted by Coast an Islands Community Land Trust, Inc., Application No. 09-5378 DP (this is pending at this time, contingent upon receiving required submittals from Community Housing Resources (CHR) in sufficient time for staff review)
- RESOLUTION 10-023 APPROVING THE FINAL PLAT SUBMITTED BY COAST AND ISLANDS COMMUNITY LAND TRUST, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE CENTRE PLACE SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SUCH FINAL PLAT ON BEHALF OF CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE
- RESOLUTION 10-024 APPROVING AND ACCEPTING A BILL OF SALE AND AFFIDAVIT OF NO LIEN EXECUTED BY COAST AND ISLANDS COMMUNITY LAND TRUST, INC. RELATING TO THE TRANSFER OF CERTAIN WASTEWATER COLLECTION FACILITIES TO THE CITY OF SANIBEL; AND PROVIDING AN EFFECTIVE DATE
- RESOLUTION 10-025 WAIVING THE FINAL PLAT SECURITY BOND WITH RESPECT TO THE FINAL PLAT SUBMITTED BY COMMUNITY HOUSING AND RESOURCES, INC. AND COAST AND ISLANDS COMMUNITY LAND TRUST, INC. FOR A 14 UNIT BELOW MARKET RATE HOUSING UNIFIED RESIDENTIAL CLUSTER DEVELOPMENT LOCATED AT 1500 CENTRE STREET, SANIBEL; AND PROVIDING AN EFFECTIVE DATE
- RESOLUTION 10-026 APPROVING A STORM WATER DRAINAGE OUTFALL EASEMENT BY THE CITY OF SANIBEL IN FAVOR OF COAST AND ISLANDS COMMUNITY LAND TRUST, INC. AND COMMUNITY HOUSING AND RESOURCES, INC.; AND PROVIDING AN EFFECTIVE DATE
- RESOLUTION 10-027 APPROVING MORTGAGES AND FINANCING MECHANISMS FOR SITE IMPROVEMENTS RELATED TO A 14-UNIT INCREASED DENSITY BELOW MARKET RATE HOUSING UNIFIED RESIDENTIAL CLUSTER DEVELOPMENT (CONSISTING OF SEVEN DUPLEX STRUCTURES) ON A 2.37+/- ACRE PARCEL OF LAND LOCATED AT 1500 CENTRE STREET; AND PROVIDING AN EFFECTIVE DATE
- RESOLUTION 10-023 APPROVING THE FINAL PLAT SUBMITTED BY COAST AND ISLANDS COMMUNITY LAND TRUST, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE CENTRE PLACE SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SUCH FINAL PLAT ON BEHALF OF CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE
- Consideration of a request filed for final plat approval to subdivide 4 residential duplex housing units by creating 8 separate zero-lot line parcels within a 14-unit Unified Residential Housing Cluster development located on a 2.37 acre parcel of land at 1500 Centre Street (Tax Parcel No. 19-46-23-T4-00006.0020), as submitted by Coast an Islands Community Land Trust, Inc., Application No. 09-5378 DP (this is pending at this time, contingent upon receiving required submittals from Community Housing Resources (CHR) in sufficient time for staff review)
- CITY MANAGER
- Informational Items
- Causeway counts for December, 2009 and end of year report for 2009
- Request for authorization for City Manager to serve as an on-Island temporary Census Taker for the US Census Bureau (Evenings & Weekends Only)
- Follow-up to citizen concern raised at the February 2nd City Council meeting
- Letter to Mr. Marty Makin, CVS Manager dated February 17th
- Report from EMS regarding number of parking blocks
- Letter to Mr. Marty Makin, CVS Manager dated February 17th
- Causeway counts for December, 2009 and end of year report for 2009
- Informational Items
- CITY ATTORNEY'S REPORT
- COUNCIL MEMBERS' REPORT
- PUBLIC COMMENT
- 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.
HORIZON – UPCOMING IMPORTANT DATES
NOTICE – CALENDAR SUBJECT TO CHANGE
| Tuesday | March 16, 2010 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | March 30, 2010 | Passover Begins | |
| Tuesday | April 6, 2010 | City Council Meeting (Council Annual Election of Mayor & Vice Mayor) | MacKenzie Hall 9:00 A.M. |
| Tuesday | May 4, 2010 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Monday | May 31, 2010 | City Hall Closed in Observance of Memorial Day | |
| Tuesday | June 1, 2010 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Monday | July 5, 2010 | City Hall Closed in Observance of Independence Day | |
| Tuesday | July 20, 2010 | City Council Meeting (Proposed Millage Rate Set) | MacKenzie Hall 9:00 A.M. |
| Tuesday | August 3, 2010 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Monday | September 6, 2010 | City Hall Closed in Observance of Labor Day | |
| Thursday | September 9, 2010 | Rosh Hashanah | |
| Saturday | September 11, 2010 | First Budget Hearing | MacKenzie Hall 10:00 A.M. |
| Saturday | September 11, 2010 | City Council Meeting | MacKenzie Hall 2:00 P.M. |
| Sunday | September 18, 2010 | Yom Kippur | |
| Tuesday | September 21, 2010 | Final Budget Hearing | MacKenzie Hall 5:01 P.M. |
| Tuesday | October 5, 2010 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Thursday | November 2, 2010 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | November 11, 2010 | City Hall Closed in Observance of Veterans Day | |
| Tuesday | November 11, 2010 | Veteran Day Ceremony - City Hall Flagpole | City Hall Flagpole 10:45 A.M. |
| Thursday | November 18, 2010 | Student Government Day | Mackenzie Hall 10:30 A.M. |
| Thursday & Friday | November 25 & 26, 2010 | City Hall Closed in Observance of Thanksgiving | |
| Friday | December 3, 2010 | Luminary Tree Lighting | TBA |
| Tuesday | December 7, 2010 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Saturday | December 24, 1010 | City Hall Closed in Observance of Christmas | |
| Friday | Decmeber 25, 2010 | Christmas Day | |
| Saturday | December 31, 2010 | City Hall Closed in Observance of New Year’s | |
| Tuesday | January 1, 2011 | New Years Day | |
| Monday | January 4, 2011 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | January 17, 2011 | City Hall Closed in Observance of Martin Luther King Birthday | |
| Tuesday | February 1, 2011 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | March 1, 2011 | City Council Meeting ( City Elections) | MacKenzie Hall 9:00 A.M. |
| Tuesday | March 15, 2011 | City Council Meeting (City Councilmembers Sworn in - Election of Mayor & Vice-Mayor | MacKenzie Hall 9:00 A.M. |
| Tuesday | April 5, 2011 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
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.

