Tuesday March 16 2010

9:00 A.M.

1. Call to Order
2. Invocation and Pledge of Allegiance (Mayor Denham)
3. Request from Vice Mayor Ruane to be excused from the beginning of the Council meeting
   03 (pdf 21.00 kB)
4. PRESENTATION(S)
   1. Proclamation designating April 11 through 17, 2010 Edible Mollusk Week at The Bailey-Matthews Shell Museum
      04a (pdf 42.82 kB)
5. Public Comments for non-Agenda items (Maximum time allotted, 20 minutes, with a limitation of 3 minutes per speaker.)
6. Council Comments
7. Planning Commission Report (Commissioner Paul Reynolds)
8. Please Be Advised that a First Reading of an Ordinance may take place as set forth in section 11a v of this agenda in the event that the City Council decides to proceed with the award of a Franchise Agreement to operate a solid waste, recycling and horticultural material collection service after consideration of agenda items 11a i, ii, iii and iv
9. Second Reading and Public Hearing
   1. 9:15A.M. ORDINANCE 10-002 ORDINANCE 10-002 AMENDING CITY OF SANIBEL INVESTMENT POLICY; PROVIDING FOR CONFLICT
      AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE
      09a (pdf 466.19 kB)
   2. 9:20A.M. 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
      09b (pdf 129.61 kB)
10. 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 – March 02, 2010
       10a (pdf 393.57 kB)
    2. RESOLUTION 10-028 DESIGNATING THE CITY MANAGER, FINANCE DIRECTOR, PUBLIC WORKS DIRECTOR AND THE ADMINISTRATIVE SERVICES DIRECTOR TO ACT ON BEHALF OF THE CITY TO EXECUTE INVESTMENT AND BANK ACCOUNT SIGNATURE CARDS, BANKING RESOLUTION AND CERTIFICATE OF INCUMBENCY, AND RELATED DEPOSIT ACCOUNT DOCUMENTATION; AND PROVIDING AN EFFECTIVE DATE
       10b (pdf 39.91 kB)
    3. Approval of a Memorandum of Understanding between the City of Sanibel Police Department and Lee County Sheriff’s Department activating a new Records Management query program called “Extranet” and authorize the City Manager to execute same
       10c (pdf 57.17 kB)
    4. Approval to submit a proposal to Google, Inc., to participate as a location for community wide, broadband, fiber internet connectivity (no funds
       required to participate)
       10d (pdf 406.12 kB)
    5. Award a 2-year City Hall cleaning contract to Alba Cleaning, Inc., in the amount of $10,080 per year and authorize the City manager to
       execute same
       10e (pdf 149.49 kB)
    6. Allow Barlow of Naples to withdraw their bid, award a 2-year beach parks restrooms and Community Park restroom cleaning contract to RT
       Cleaning by Rimma Tyo in the amount of $26,200 per year and authorize the City Manager to execute same
       10f (pdf 161.51 kB)
    7. Award 2010 Sewer Rehabilitation contract to Mitchell & Stark Construction Co. Inc., in the amount of $68,840.55 and authorize the City
       Manager to execute same (project included in the FY10 budget and requires no additional funds)
       10g (pdf 129.51 kB)
    8. Acceptance of the Other Post-Employment Benefits (OPEB) October 01, 2009 Actuarial Report
       10h (pdf 430.33 kB)
11. OLD BUSINESS
    1. Solid Waste and Recycling
       1. Status of Bids
          11ai (pdf 33.77 kB)
       2. Lee County Bid Process
          11aii (pdf 33.77 kB)
       3. City Bid Process
          11aiii (pdf 33.77 kB)
       4. Options
          11aiv (pdf 33.77 kB)
          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.)
       5. ORDINANCE 10-004 GRANTING TO _______________________________________ A FRANCHISE TO OPERATE A SOLID WASTE
          COLLECTION AND DELIVERY SERVICE WITHIN THE TERRITORIAL LIMITS OF THE CITY OF SANIBEL, FLORIDA FOR A TERM OF 5 YEARS AND CREATING A FRANCHISE AGREEMENT; PROVIDING FOR EXTENSION OF THE FRANCHISE PERIOD; SETTING FORTH OPERATOR’S OBLIGATIONS CONCERNING COLLECTION AND DELIVERY SCHEDULES, INSURANCE, BOND, AND PERFORMANCE; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE
          11av (pdf 1.92 MB)
    2. 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
       1. Memorandum from Director Jordan dated March 10, 2010 regarding of a Study of Re-development in the Resort Housing District
          11bi (pdf 254.94 kB)
          1. Previous Information provided to Council
             1. Background memorandum of February 24, 2010 from Director
                11bi1_1 (pdf 97.34 kB)
             2. Data and Analysis from Director Jordan dated February 24, 2010 of existing conditions in the Resort Housing District
                11bi1_2 (pdf 249.48 kB)
             3. Existing multi-family dwellings with 3 and 4 habitable floors from Director Jordan dated February 24, 2010
                11bi1_3 (pdf 52.34 kB)
             4. Land Use Map of the Resort Housing District dated February, 2010
                11bi1_4 (pdf 155.47 kB)
             5. Density Map of the Resort Housing District dated February, 2010
                11bi1_5 (pdf 151.43 kB)
             6. Memorandum from Dr. Rob Loflin dated February 16, 2010 regarding coverage and clearance issues for Re-development
                11bi1_6 (pdf 90.81 kB)
             7. Background memorandum of January 26, 2010 from Director Jordan
                11bi1_7 (pdf 191.92 kB)
             8. Existing map of Resort Housing District
                11bi1_8 (pdf 167.12 kB)
    3. Additional responses from elected/appointed officials regarding Resolution 10-001 opposing off-shore drilling
       11c (pdf 131.87 kB)
    4. Presentation by Burgess Chambers and Associates, Inc., on Investment Plan
       11d Supplemental File (pdf 1.64 MB)
       11d (pdf 10.55 kB)
12. COMMITTEES, BOARDS, COMMISSION
    1. City Council Liaison to Planning Commission
       12a (pdf 17.18 kB)

       March 23, 2010	Councilmember Harrity
       April 13, 2010	Councilmember Jennings
       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

    2. Committee Appointments and Annual Reports April 20, 2010 Council meeting
       12b (pdf 66.53 kB)
    3. RESOLUTION 10-029 AMENDING THE SCOPE OF DUTIES AND RESPONSIBILITIES OF THE PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE REDUCED FROM 13 MEMBERS TO 9 MEMBERS THROUGH ATTRITION (RESIGNATION OR EXPIRATION OF TERMS); AND PROVIDING AN EFFECTIVE DATE
       12c (pdf 64.50 kB)
    4. Parks and Recreation Committee recommendations
       1. Approval of a Parks and Recreation Committee recommendation to change the name of the “Senior Center” to “Center 4 Life” 2401 Library Way
          12di (pdf 29.96 kB)
       2. Status report from Parks and Recreation Committee regarding a gazebo located at Community Park located 2231 Periwinkle Way
          12dii (pdf 384.49 kB)
       3. Approval of a Parks and Recreation Committee recommendation to erect a fence around the playground area at Community Park 2231 Periwinkle Way and RESOLUTION 10-030 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-021 AND PROVIDING AN EFFECTIVE DATE (to transfer $4,000 from the General Fund’s reserve for contingencies to the public facilities department to build a fence around the children’s playground at Community park. This amendment does not increase or decrease the FY10 budget)
          12diii (pdf 49.33 kB)
    5. Annual report of the Planning Commission Land Development Code sub-committee (Mike Valiquette)
       12e (pdf 61.91 kB)
13. CITY MANAGER
    1. Informational Items
       1. Tentative date of Wednesday, April 21, 2010 at 10:00 a.m., for an official ceremony to transfer ownership of the Sanibel Lighthouse from the United States Federal Government, Department of Interior to the City of Sanibel
          13ai (pdf 20.09 kB)
       2. Building Department Monthly Revenue Report
          13aii (pdf 82.47 kB)
       3. Building Department Monthly Permit and Inspections
          13aiii (pdf 101.24 kB)
       4. Planning Department Permit Activity Report
          13aiv (pdf 89.45 kB)
       5. Planning Department Code Enforcement Activity Report
          13av (pdf 143.22 kB)
       6. Causeway counts January, 2010
          13avi (pdf 67.93 kB)
       7. Unemployment Compensation Decision
          13avii (pdf 40.97 kB)
14. CITY ATTORNEY'S REPORT
15. COUNCIL MEMBERS' REPORT
    1. Letter dated March 05, 2010 to Governor Crist regarding opposition to State Fertilizer Preemption of Local Ordinance as the Regional Planning Council (RPC) chairman
       15a (pdf 134.17 kB)
16. PUBLIC COMMENT
17. 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.