Tuesday October 19 2010

9:00 A.M.

1. Call to Order
2. Invocation and Pledge of Allegiance (Councilman Jennings )
3. PRESENTATION(S)
   1. Recognition of the Employee of the Quarter, 4th Quarter, Fiscal Year 2009-2010
      3 a (pdf 4.70 kB)
4. Planning Commission Meeting Report (Commissioner Heidrick)
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. 9:15 A.M. ORDINANCE 10-008 AMENDING THE CODE OF ORDINANCES, SUBPART B LAND DEVELOPMENT CODE, CHAPTER 126 ZONING, ARTICLE IV CONDITIONAL USES, SECTION 126-96 DOCKS, BOAT DAVITS, BOAT LIFTS AND MOORING PILINGS TO REVISE THE STANDARDS FOR DOCKS IN THE BAY BEACH ZONE; AND ARTICLE VII RESIDENTIAL DISTRICTS, SECTION 126-312 (BAY BEACH ZONE) CONDITIONAL USES TO REMOVE THE PROHIBITION ON ACCESSORY PIERS AND DOCKS FROM THAT PORTION OF THE BAY BEACH ZONE EXTENDING FROM THE WEST BOUNDARY OF LIGHTHOUSE PARK TO THE WEST RIGHT-OF-WAY BOUNDARY OF DIXIE BEACH BOULEVARD AT WOODRING’S POINT; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE
      7 a (pdf 344.41 kB)
   2. Additional Information Requested by City Council
      1. List of all Bay Beach lots (west to east) between Dixie Beach Boulevard and Lighthouse Park with date of purchase according to public records
         b i - supplement (pdf 376.58 kB)
      2. List of Bay Beach lots with currently existing dock with date of lot purchase and date existing dock was permitted
         b ii - supplement (pdf 58.74 kB)
      3. List of pre-Ordinance 93-18 Bay Beach lot purchases (without a currently existing dock) with date of lot purchase and date dock within 1000’ was permitted
         b iii - supplement (pdf 49.26 kB)
      4. Map depicting pre-Ordinance 93-18 Bay Beach lots with date of purchase and depicting 1000’ separation requirement imposed 11/27/85 through Ordinance 85-26
         b iv - supplement (pdf 288.59 kB)
      5. Map depicting existing docks and permit date for existing docks (and depicting 1000’ separation requirement from existing dock imposed 11/27/85 through Ordinance 85-26)
         b v - supplement (pdf 293.79 kB)
      6. Memo from City Attorney addressing Comprehensive Plan (Sanibel Plan) consistency requirements
         b vi - supplement (pdf 137.93 kB)
      7. Memo from the Planning Director addressing other occasions that amendments were made to the Sanibel Plan
         b vii - supplement (pdf 35.40 kB)
      8. Report from Natural Resources Department addressing condition of seagrasses in vicinity of Bay Beach Zone and related issues
         b viii - supplement (pdf 2.67 MB)
      9. Memo from Planning Director addressing the following:
         b ix - supplement (pdf 92.21 kB)
         1. Process for the review and approval of the Police boat dock and emergency disaster bulkhead facility
         2. Public Safety purposes and functions of Police boat dock and emergency disaster bulkhead facility
8. First Reading and Public Hearing
   1. 9:30 A.M. ORDINANCE 10-010 AMENDING THE SANIBEL PLAN BY AMENDING SECTION 3.5.1 CAPITAL IMPROVEMENTS GOALS OBJECTIVES AND POLICIES AND SECTION 3.5.2 IMPLEMENTATION, MONITORING AND EVALUATION TO UPDATE THE CAPITAL IMPROVEMENTS ELEMENT INCLUDING THE ADOPTED FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS; PROVIDING FOR CODIFICATION;PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE.
      8 a (pdf 1.18 MB)
9. 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. RESOLUTION 10-105 AUTHORIZING THE SANIBEL CITY ATTORNEY TO PREPARE RELEASES OF CODE ENFORCEMENT ORDER LIENS WHEN SUCH LIENS HAVE BEEN PAID IN FULL; AUTHORIZING THE CITY ATTORNEY TO RECORD RELEASES OF LIENS IN THE OFFICIAL RECORDS OF LEE COUNTY ON PROPERTIES PREVIOUSLY LIENED FOR CODE ENFORCEMENT VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE
      9 a (pdf 72.15 kB)
   2. Request from B.I.G.Arts, 900 Dunlop Road, for permission to serve wine during intermissions approximately 15 minutes in duration at the attached events
      9 b (pdf 111.77 kB)
   3. RESOLUTION 10-106 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2011-003 AND PROVIDING AN EFFECTIVE DATE (To budget and appropriate $10,000 from the Sanibel-Captiva Kiwanis for after school program financial assistance. This amendment increases the FY11 budget by $10,000)
      9 c (pdf 73.43 kB)
   4. RESOLUTION 10-107 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2011-004 AND PROVIDING AN EFFECTIVE DATE (To roll-forward unspent FY10 funds for the following grants and projects in the following amounts: 1) General Fund $5,515 from the Dept. of Agriculture for Pond Apple Park and Paulsen Preserve flat wood restoration; $7,004 for City hall generator rental; $31,991 previously allocated for City Hall electric upgrade; $2,860 previously allocated for City Hall generator replacement; 2) Transportation Fund: $88,500 previously allocated for resurfacing; $15,000 previously allocated for Peachtree Road Improvements and $65,000 previously allocated for San-Cap Road shared use path extension; 3) Capital Acquisition Fund: $19,500 previously allocated for fiber optic cable ; 4) Dixie Beach Blvd. Fund $63,252 previously allocated for Phase 2 work and $11,998 from FY11 ending fund balance for additional work required to complete Phase 2 construction; 5) Beach Parking Fund $17,000 previously allocated for air conditioner replacement in the lighthouse cottages. This amendment increases the FY11 budget by $5,515)
      9 d (pdf 129.70 kB)
   5. Approval of a Memorandum of Understanding between the City and Lee County for distribution of an Edward Byrne Memorial Justice Assistance (JAG) grant in the amount of $2,831 to enhance the Wireless Police Reporting System (this grant will increase the FY adopted budget by $2,831)
      9 e (pdf 723.72 kB)
   6. Approval of a grant from Tourism Development Council (TDC) for Beachside Restroom Completion at Lighthouse Beach 112 Periwinkle Way and authorize the City Manager to execute same (acceptance of this grant will increase the FY11 budget by $313,600)
      9 f (pdf 133.69 kB)
   7. Approval of a grant from Tourism Development Council (TDC) for Bowman’s Beach Family Restroom and authorize the City Manager to execute same (acceptance of this grant will increase the FY11 budget by $280,000)
      9 g (pdf 106.00 kB)
   8. Approval of a grant from Tourism Development Council (TDC) for Sanibel Facility/Beach Maintenance and authorize the City Manager to execute same (acceptance of this grant will increase the FY11 budget by $946,500)
      9 h (pdf 110.07 kB)
   9. Approval of a grant from Tourism Development Council (TDC) for Dune Walkover Replacement and authorize the City Manager to execute same (acceptance of this grant will increase the FY11 budget by $102,000)
      9 i (pdf 117.57 kB)
   10. Approval of a grant from Tourism Development Council (TDC) for Bailey Beach Restoration and authorize the City Manager to execute same (acceptance of this grant will increase the FY11 budget by $90,000)
       9 j (pdf 104.45 kB)
   11. Approval of an agreement between the City of Sanibel and Lee County Public Safety to support Sanibel Police Department 911 Public Safety Answering Point (PSAP) for FY11 up to $50,000 (this agreement would reimburse for one-half the costs associated with providing an emergency generator and other generator related work for the PD 911 PSAP)
       9 k (pdf 71.36 kB)
   12. RESOLUTION NO. 10-111 DETERMINING THE REQUEST FOR AN ENTERTAINMENT BUSINESS TAX RECEIPT FOR THE CITY OF SANIBEL RECREATION CENTER, 3880 SANIBEL-CAPTIVA ROAD; AND PROVIDING AN EFFECTIVE DATE
       9 l (pdf 163.98 kB)
   13. RESOLUTION NO. 10-112 DETERMINING THE REQUEST FOR AN ENTERTAINMENT BUSINESS TAX RECEIPT FOR THE SANIBEL PUBLIC LIBRARY, 770 DUNLOP ROAD; AND PROVIDING AN EFFECTIVE DATE
       9 m (pdf 162.85 kB)
   14. Approval of an extension of a contract between the City and Ken Pfalzer not to exceed $24,000 (the hourly rate in this agreement remains unchanged from the previous agreement)
       n - supplement (pdf 207.40 kB)
   15. RESOLUTION NO. 10-113 DETERMINING THEREQUEST FOR A MUSICAL ENTERTAINMENT BUSINESS TAX RECEIPT AT COURTNEY’S ON SANIBEL, INC. 1231 MIDDLE GULF DRIVE; AND PROVIDING AN EFFECTIVE DATE
       o - supplement (pdf 220.03 kB)
10. COMMITTEES, BOARDS, COMMISSION
    1. City Council Liaison to Planning Commission - REVISED
       0 a (pdf 13.62 kB)

       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
       0 b (pdf 14.28 kB)

       Tuesday, November 02, 2010

       Tuesday, January 04, 2011

       Tuesday, March 01, 2011

       Tuesday, May 03, 2011

       Tuesday, July 19, 2011

    3. RESOLUTION 10-108 PERTAINING TO THE SANIBEL BOARD OF TRUSTEES OF THE MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND; APPOINTING ONE RESIDENT MEMBER TO THE BOARD; PROVIDING THAT SUCH MEMBER IS TO SERVE A FOUR YEAR TERM COMMENCING OCTOBER 1, 2010 AND ENDING ON SEPTEMBER 30, 2014; AND PROVIDING AN EFFECTIVE DATE
       0 c (pdf 783.94 kB)
11. NEW BUSINESS
    1. RESOLUTION 10-109 APPROVING AN AGREEMENT WITH THE LEE COUNTY PROPERTY APPRAISER TO LIST, EXTEND, PREPARE AND SUBMIT THE ROLL, AND PROVIDE ALL NECESSARY RELATED SERVICES, FOR NON-AD VALOREM SPECIAL ASSESSMENTS, PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE SHELL HARBOR AND SANIBEL ESTATES CANAL AREA DREDGING DISTRICT ASSESSMENT; PROVIDING FOR REIMBURSEMENT TO THE PROPERTY APPRAISER FOR THE ADMINISTRATIVE COSTS ASSOCIATED WITH THE SPECIAL ASSESSMENTS SERVICES; PROVIDING AUTHORIZATION TO ASSESS THESE COSTS TO ANY AND ALL PARCELS SUBJECT TO SUCH CANAL DREDGING DISTRICT ASSESSMENT IN THE SPECIAL ASSESSMENT AREA; AND PROVIDING AN EFFECTIVE DATE
       1 a (pdf 159.86 kB)
    2. RESOLUTION 10-110 APPROVING AN AGREEMENT WITH THE LEE COUNTY TAX COLLECTOR FOR THE COLLECTION OF NON-AD VALOREM SPECIAL ASSESSMENTS, PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE SHELL HARBOR AND SANIBEL ESTATES CANAL AREA DREDGING DISTRICT ASSESSMENT; PROVIDING FOR REIMBURSEMENT TO THE TAX COLLECTOR FOR THE ADMINISTRATIVE COSTS ASSOCIATED WITH THE SPECIAL ASSESSMENTS COLLECTION; PROVIDING AUTHORIZATION TO ASSESS THESE COSTS TO ANY AND ALL PARCELS SUBJECT TO SUCH CANAL DREDGING DISTRICT ASSESSMENT IN THE SPECIAL ASSESSMENT AREA; AND PROVIDING AN EFFECTIVE DATE
       1 b (pdf 344.85 kB)
12. CITY MANAGER
    1. Informational Items
       1. Building Department Monthly Revenue Report
          a i (pdf 118.83 kB)
       2. Building Department Monthly Permit and Inspections
          a ii (pdf 113.62 kB)
       3. Planning Department Permit Activity Report
          a iii (pdf 251.44 kB)
       4. Planning Department Code Enforcement Activity Report
          a iv (pdf 188.75 kB)
       5. Causeway Counts for August 2010
          a v (pdf 135.93 kB)
       6. Lifting the Moratorium on Entertainment Licenses
          a vi (pdf 4.57 kB)
13. CITY ATTORNEY'S REPORT
14. COUNCIL MEMBERS' REPORT
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 attack