Tuesday October 04 2011
Supplemental Information: Monday, October 03, 2011: Items 06f, 08a, 08b, 11a
SANIBEL CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBERS (MacKenzie Hall)
800 DUNLOP ROAD
TUESDAY, OCTOBER 04, 2011
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
| 8:15 A.M. to 9:00 A. M. Breast Cancer Awareness Program The event is open to the public. All breast cancer survivors, as well as all citizens wishing to know more about breast cancer prevention and treatment for themselves or their loved ones, are invited to attend. Ms. Mary Ann Loh, a volunteer who serves as the Education Chair for the Southwest Florida Affiliate of the Susan G. Komen For the Cure, will be the guest speaker. Ms. Loh, a Sanibel resident, has a Master’s Degree in Nursing and has spent her entire career providing health education. |
- Call to Order
- Invocation and Pledge of Allegiance (Vice Mayor Denham)
- PRESENTATION(S)
- Proclamation recognizing October as Breast Cancer Awareness Month
- Recognition of the Employee of the Quarter, 3rd Quarter, FY 2010-2011
- Recognition of the Recipients of the Employee Dependent Scholarship Awards for 2011-2012
- Proclamation recognizing October as Breast Cancer Awareness Month
- Public Comments for non-Agenda items (Maximum time allotted, 20 minutes, with a limitation of 3 minutes per speaker.)
- Council Comments
- 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)
- RESOLUTION 11-090 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2012-002 AND PROVIDING AN EFFECTIVE DATE (To budget and appropriate $90,000 from ending fund balance for the purchase of computer equipment. This amendment does not increase or decrease the FY12 budget)
- Approval of a contract between the City of Sanibel and New Horizons Computer Learning Center of Gulf Coast Florida for on-site Windows 7 Microsoft Office 2010 training for City staff for approximately $24,000 ($650 per training day) and authorize the City Manager to execute same
- Request from Lee County Chapter of Military Officer’s Association for consideration to waive fees associated with their Special Events Application for Veterans’ Day Program and City co-sponsor event at City Hall flag pole, 800 Dunlop Road (this is a grandfathered event and the wavier would be in the amount of $50)
- Request authorization from City Council to serve alcohol (2 ozs. wine) tasting during intermissions at B. I. G. Arts 900 Dunlop Road cultural events from October, 2011 through March, 2012
- RESOLUTION 11-091 AMENDING RESOLUTION 98-189 WHICH ESTABLISHED A POLICY FOR CONSIDERATION, BY THE CITY COUNCIL, OF REQUESTS FOR CERTAIN PUBLIC IMPROVEMENTS TO BE FINANCED BY SPECIAL ASSESSMENTS ON SPECIFICALLY BENEFITED PROPERTIES; AMENDING THE NECESSARY APPROVAL REQUIREMENT FROM 80% OF PARCEL OWNERS TO TWO-THIRDS (2/3) OF PARCEL OWNERS ONLY FOR STREET PAVING SPECIAL ASSESSMENT PROJECTS; AND PROVIDING AN EFFECTIVE DATE
- Approval of an agreement between the City of Sanibel and the United States Fish and Wildlife for a grant in the amount of $25,000 for the restoration of the Sanibel Bayous Package Plant site and authorize the City Manager to execute same
- RESOLUTION 11-092 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2012-001 AND PROVIDING AN EFFECTIVE DATE (To roll-forward $96,707 of unspent FY11 funds for: 1) $15,457 for the Periwinkle Way rest area; 2) $52,750 for the San-Cap Road shared use path extension and 3) $28,5000 for the Lindgren Blvd. box culvert replacement. This amendment does not increase the FY12 budget)
- Approval of a contract between the City of Sanibel and Harry L. King, Jr. not to exceed the City’s budgeted amount of $11,780 for yoga fitness classes at the Recreation Center and authorize the City Manager to execute same
- RESOLUTION 11-090 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2012-002 AND PROVIDING AN EFFECTIVE DATE (To budget and appropriate $90,000 from ending fund balance for the purchase of computer equipment. This amendment does not increase or decrease the FY12 budget)
- COMMITTEES, BOARDS, COMMISSION
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City Council Liaison to Planning Commission
October 11, 2011 Councilman Jennings Report of 10/04/11 CC Meeting October 25, 2011 Councilman Congress November 8, 2011 Mayor Ruane Report 11/01/11 CC Meeting November 22, 2011 Vice Mayor Denham December 13, 2011 Councilman Harrity Report 12/06/11 CC Meeting December 27, 2011 Councilman Jennings January 10, 2012 Councilman Congress Report 01/03/12 CC Meeting January 24, 2012 Mayor Ruane February 14, 2012 Vice Mayor Denham Report 02/07/12 CC Meeting February 28, 2012 Councilman Harrity March 13, 2012 Councilman Jennings Report 03/06/12 CC Meeting March 27, 2012 Councilman Congress April 10, 2012 Mayor Ruane Report 04/03/12 CC Meeting April 24, 2012 Vice Mayor Denham May 8, 2012 Councilman Harrity Report 05/01/12 CC Meeting May 22, 2010 Councilman Jennings June 12, 2012 Councilman Congress Report 06/05/12 CC Meeting June 26, 2012 Mayor Ruane July 10, 2012 Vice Mayor Denham July 24, 2012 Councilman Harrity Report 07/07/12 CC Meeting
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City Council Liaison to Planning Commission
- OLD BUSINESS
- Discussion of area plan Donax Road to Palm Ridge Road including Periwinkle Way
- Review and approval of City Council FY 2011/12 goals
- Planning Department Current Work Plan
- Discussion of area plan Donax Road to Palm Ridge Road including Periwinkle Way
- 12:00 P.M. - Convene an EXECUTIVE SESSION RELATING TO UNION NEGOTIATIONS
In attendance shall be only the following persons: Mayor Kevin Ruane Vice Mayor Mick Denham Councilman Doug Congress Councilman Marty Harrity Councilman Jim Jennings Sanibel City Manager Judie Zimomra Sanibel City Attorney Kenneth B. Cuyler Jim Isom, Director of Administrative Services Sylvia Edwards, Finance Director Wayne Helsby, Labor Counsel (Allen, Norton & Blue) (by phone) - 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 11-010 OF THE CITY OF SANIBEL, FLORIDA, AMENDING CHAPTER 50 PERSONNEL, ARTICLE III, POLICE OFFICERS’ RETIREMENT, DIVISION 2 PENSION PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF SANIBEL; AMENDING SECTION 50-220, AVERAGE FINAL COMPENSATION; SECTION 50-355, CALCULATION OF BENEFIT AMOUNT; AND SECTION 50-443, CITY CONTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE
- ORDINANCE 11-011 OF THE CITY OF SANIBEL, FLORIDA, AMENDING CHAPTER 50 PERSONNEL, ARTICLE IV, GENERAL EMPLOYEES RETIREMENT PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF SANIBEL; AMENDING SECTION 50-476, DEFINITIONS; AMENDING SECTION 50-477, PARTICIPATION; AND AMENDING SECTION 50-479, RETIREMENT DATES AND BENEFITS, OF THE TERMS OF THE CITY OF SANIBEL GENERAL EMPLOYEES’ RETIREMENT PLAN; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
- ORDINANCE 11-010 OF THE CITY OF SANIBEL, FLORIDA, AMENDING CHAPTER 50 PERSONNEL, ARTICLE III, POLICE OFFICERS’ RETIREMENT, DIVISION 2 PENSION PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF SANIBEL; AMENDING SECTION 50-220, AVERAGE FINAL COMPENSATION; SECTION 50-355, CALCULATION OF BENEFIT AMOUNT; AND SECTION 50-443, CITY CONTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE
- 1:00 P.M. PRESENTATION
- Discussion and Review of the status of Community Housing Resources, Inc., (Councilman Congress)
- Discussion and Review of the status of Community Housing Resources, Inc., (Councilman Congress)
- CITY MANAGER’S REPORT
- Informational Items
- Report regarding status of policy regarding maintenance of vegetation within intersections
- Causeway counts, August, 2011
- Participation in the City of Cape Coral's Veterans Parade
- Informational Items
- CITY ATTORNEY'S REPORT
- COUNCIL MEMBERS' REPORT
- Follow-up for the Lee County Delegation Meeting November 08, 2011
- Meetings with Representative Dr. Paige Kreegel and Representative Ken Roberson (Vice Mayor Denham)
- 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.
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
| Saturday | October 8, 2011 | Yom Kippur | |
| Monday | October 31, 2011 | Halloween - Trick or Treat | |
| Tuesday | November 1, 2011 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Friday | November 11, 2011 | City Hall Closed in Observance of Veterans Day | |
| Friday | November 11, 2011 | Veteran Day Ceremony - City Hall Flagpole | City Hall Flagpole 11:00 A.M. |
| Friday | November 18, 2011 | Student Government Day | Mackenzie Hall 10:15 A.M. |
| Thursday | November 24, 2011 | City Hall Closed in Observance of Thanksgiving | |
| Friday | November 25, 2011 | City Hall Closed in Observance of Thanksgiving | |
| Tuesday | December 6, 2011 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Wednesday | December 21, 2011 | First Day of Hanukkah | |
| Sunday | December 25, 2011 | Christmas Day | |
| Monday | December 26, 2011 | City Hall Closed in Observance of Christmas | |
| Sunday | January 1, 2012 | New Years Day | |
| Monday | January 2, 2012 | City Hall Closed in Observance of New Year’s | |
| Tuesday | January 3, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Monday | January 16, 2012 | City Hall Closed in Observance of Martin Luther King Birthday | |
| Friday | January 21, 2012 | Sanibel School Celebrating Arbor Day | TBA |
| Tuesday | February 7, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | March 6, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | April 3, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Friday | April 6, 2012 | Passover begins through nightfall Saturday, April 14, 2012 | |
| Tuesday | May 1, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Monday | May 28, 2012 | City Hall Closed in Observance of Memorial Day | |
| Tuesday | June 5, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Wednesday | July 4, 2012 | City Hall Closed in Observance of Independence Day | |
| Tuesday | July 17, 2012 | City Council Meeting (Proposed Millage Rate Set) | MacKenzie Hall 9:00 A.M. |
| Tuesday | August 7, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Monday | September 3, 2012 | City Hall Closed in Observance of Labor Day | |
| Saturday | September 8, 2012 | First Budget Hearing | MacKenzie Hall 9:00 A.M. |
| Saturday | September 8, 2012 | City Council Meeting | MacKenzie Hall TBA |
| Sunday | September 16, 2012 | Rosh Hashanah begins at sunset through nightfall Tuesday, September 16, 2012 | |
| Tuesday | September 18, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | September 18, 2012 | Final Budget Hearing | MacKenzie Hall 5:01 P.M. |
| Tuesday | September 25, 2012 | Yom Kippur begins at sunset through nightfall Wednesday, September 26, 2012 | |
| Tuesday | October 2, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | November 6, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Friday | November 9, 2012 | Student Government Day | Mackenzie Hall 10:15 A.M. |
| Saturday | November 10, 2012 | Veteran Day Ceremony - City Hall Flagpole | City Hall Flagpole TBA |
| Sunday | November 11, 2012 | Veterans Day | |
| Monday | November 12, 2012 | City Hall Closed in Observance of Veterans Day | |
| Thursday | November 22, 2012 | City Hall Closed in Observance of Thanksgiving | |
| Friday | November 23, 2012 | City Hall Closed in Observance of Thanksgiving | |
| Tuesday | December 4, 2012 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | December 25, 2012 | City Hall Closed in Observance of Christmas | |
| Tuesday | January 1, 2013 | City Hall Closed in Observance of New Year’s | MacKenzie Hall 9:00 A.M. |
| Tuesday | January 15, 2013 | City Council Meeting | |
| Monday | January 21, 2013 | City Hall Closed in Observance of Martin Luther King Birthday | |
| Tuesday | February 5, 2013 | City Council Meeting | |
| Tuesday | March 5, 2013 | Sanibel Election Day | |
| Tuesday | March 5, 2013 | City Council Meeting | MacKenzie Hall 9:00 A.M. |
| Tuesday | March 19, 2013 | City Council Meeting - Oath of Office New Councilmembers-Election of Mayor/Vice Mayor | 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.

