Tuesday May 04 2010

9:00 A.M.

1. Call to Order
2. Invocation and Pledge of Allegiance (Mayor Ruane)
3. Request to be excused (Councilman Jennings)
   03 (pdf 31.43 kB)
4. PRESENTATION(S)
   1. Proclamation proclaiming May 2nd through May 8th 2010 as Municipal Clerk Week.
      04 a (pdf 91.44 kB)
   2. Mid-year (second year) by Dr. Mike Parsons, Florida Gulf Coast University – Bioavailability and Sources of Nutrients and the Linkages to Nuisance Drift Algae (10 minutes)
      04 b (pdf 4.38 MB)
5. Public Comments for non-Agenda items (Maximum time allotted, 20 minutes, with a limitation of 3 minutes per speaker.)
6. Council Comments
7. Second Reading and Public Hearing
   1. 9:15A.M.ORDINANCE 10-004 ORDINANCE GRANTING TO VEOLIA ES SOLID WASTE SOUTHEAST, INC., 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
      07 a (pdf 2.13 MB)
   2. 9:20A.M.ORDINANCE 10-005 AMENDING THE CODE OF ORDINANCES, SUBPART B LAND DEVELOPMENT CODE, CHAPTER 126 ZONING,
      ARTICLE XIV SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 5 COMMERCIAL USES GENERALLY, SECTION 12-1031 BONUS OUTDOOR SEATS FOR DINING, TO PERMIT BONUS OUTDOOR DINING AT RESTAURANTS LOCATED OUTSIDE A COMMERCIAL ZONING DISTRICT WHERE THE REQUIREMENTS AND STANDARDS OF SUCH SECTION ARE MET; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE
      07 b (pdf 195.35 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. Accept the lowest qualified bidder, Ferrier Enterprises Inc., for exotic plant control and land management activities including fireline, gopher tortoise habitat and beach dune maintenance on City managed lands and authorize City Manager to execute same (funded under the existing Island-wide Brazilian Pepper Eradication Program, therefore no additional funds are necessary)
      08 a (pdf 339.97 kB)
   2. Approve purchase of a high pressure sewer jetter from U S Jetting in the amount of $32,789 (this purchase was budgeted in the FY10 budget in the amount of $35,000 in the Capital Improvement Fund (Fund 451)
      08 b (pdf 30.61 kB)
   3. Approve purchase of a crane truck from Bartow Ford Company in the amount of $81,148 (this purchase was budgeted in the FY10 budget in the amount of $80,000 in the Utility Division Capital Improvement Fund (fund 451) and the remaining $1,148 is available in Fund 451 due to the savings on the purchase of the high pressure sewer jetter)
      08 c (pdf 35.60 kB)
   4. Accept the ranking of the selection committee, AIM Engineering & Surveyor, Inc., for Surveying & Mapping services and authorize the City Manager to negotiate a contract (services included in the FY10 budget for surveying East Periwinkle Way in conjunction with a future Shared Use Path widening/road realignment project)
      08 d (pdf 27.29 kB)
   5. Approval of a Memorandum of Understanding (MOU) with participating Lee County entities regarding the Lee County Sexual Assault
      Response Team (SART) and authorize Chief Tomlinson to execute same
      08 e (pdf 64.05 kB)
   6. Approval of the purchase of ten parking pay stations at public beach and recreational parking lots in the amount not to exceed $130,000 from Parker Systems, using a “Piggyback” bid from Lee County government, and authorize the City Manager to finalize a contract in accordance with such bid and execute same ($130,000 is in the FY10 budget , Beach Parking Fund - Capital Improvements Plan – Machinery & equipment)
      08 f (pdf 14.92 kB)
9. OLD BUSINESS
   1. Water Quality
      1. Letter dated April 26, 2010 to Senate and House legislators regarding SB 382 and HB 1445 and all State Preemption, directly or indirectly, of Fertilizer Regulation by Local Governments (Vice Mayor Denham)
         09 a i (pdf 296.18 kB)
   2. Legislative Update
      09 b (pdf 154.65 kB)
   3. Planning Commission Reports
      1. Planning Commission Report of the meeting of Tuesday, April 27th (Commissioner Dr. Phillip Marks)
         09 c i (pdf 8.70 kB)
      2. Scheduled update from the Planning Commission regarding Resort Housing District Redevelopment Study (Chairman Mike Valiquette)
         09 c ii (pdf 12.58 kB)
   4. Discussion regarding draft ordinance amending the Solicitors License portion of the code
      09 d (pdf 260.74 kB)
10. COMMITTEES, BOARDS, COMMISSION
    1. City Council Liaison to Planning Commission
       10 a (pdf 12.84 kB)

       May 11, 2010	Vice Mayor Denham
       May 25, 2010	Mayor Ruane
       June 8, 2010	Councilmember Jennings
       June 22, 2010	Councilmember Harrity
       July 13, 2010	Mayor Ruane
       July 27, 2010	Vice Mayor Denham
       August 10, 2010	Councilmember Pappas
       August 24, 2010	Councilmember Jennings
       September 14, 2010	Councilmember Harrity
       September 28, 2010	Mayor Ruane
       October 12, 2010	Vice Mayor Denham
       October 26, 2010	Councilmember Pappas
       November 9, 2010	Councilmember Jennings
       November 23, 2010	Councilmemer Harrity
       December 14, 2010	Mayor Ruane
       December 28, 2010	Vice Mayor Denham

    2. RESOLUTION 10-031 APPOINTING MEMBERS TO THE CONTRACTORS REVIEW BOARD; AND PROVIDING AN EFFECTIVE DATE
       10 b (pdf 466.37 kB)
    3. Appointment of a Sanibel resident to the Metropolitan Planning Organization (MPO) Citizen Advisory Committee (CAC)
       10 c (pdf 116.47 kB)
11. CITY MANAGER
    1. Informational Items
       1. APPTL Update
          11 a i (pdf 8.41 kB)
       2. 1st and 2nd Quarterly reports for the Sanibel Historical Museum & Village, Inc.
          11 a ii (pdf 645.40 kB)

          11:00A.M - Noon EXECUTIVE SESSION RELATING TO AFSCME NEGOTIATIONS

          Mayor Kevin Ruane

          Vice Mayor Mick Denham

          Councilmember Marty Harrity

          Councilmember Jim Jennings

          Councilmember Peter Pappas

          Sanibel City Manager Judie Zimomra

          Sanibel City Attorney Kenneth Cuyler

          Director of Administrative, Service Jim Isom

          Finance Director, Sylvia Edwards

          Wayne Helsby, Labor Counsel (Allen, Norton & Blue)

          Michael Tierney, Actuary, Actuarial Concepts (by phone)

          Jim Linn, Lewis, Longman & Walker P.A. (by phone)

12. CITY ATTORNEY'S REPORT
13. COUNCIL MEMBERS' REPORT
14. PUBLIC COMMENT
15. 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.