A COPY OF THE AGENDA PACKET IS ON THE CITY’S WEBSITE www.mysanibel.com; AND ON FILE AT SANIBEL LIBRARY

1. Call to Order

2. Invocation and Pledge of Allegiance (Councilman Ruane)

3. PRESENTATION(S)

a. Proclamation regarding the Sanibel School named a Blue Ribbon School   Click Here For Attachment

b. Presentation by Snowy Plover Project and request to post the Snowy Plover video on the City’s website   Click Here For Attachment

4. Public Comments for non-Agenda items (Maximum time allotted, 20 minutes, with a limitation of 3 minutes per speaker.)

5. Council Comments

6. Planning Commission Report (Chairman Mike Valiquette)  

7. 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.)

a. ORDINANCE 08-002 AMENDING SECTION 10-8 OF THE CODE OF ORDINANCES OF THE CITY OF SANIBEL RELATING TO THE INTENTIONAL FEEDING OF WILD RACCOONS; REQUIRING THAT ALL COMMERCIAL CUSTOMERS (WHICH INCLUDES RESIDENTIAL CONDOMINIUMS AND SIMILAR MULTI-UNIT BUILDING CUSTOMERS) HAVE AND MAINTAIN LOCK BARS TO BE INSTALLED BY THE CITY’S SOLID WASTE FRANCHISE HAULER; SPECIFYING ENFORCEMENT THROUGH THE CITY CODE ENFORCEMENT HEARING PROCEDURES WHICH PROVIDE A PENALTY OF UP TO $250/DAY UPON A FINDING OF VIOLATION AND UP TO $500/DAY UPON A FINDING OF A REPEAT VIOLATION, AND MAY INCLUDE COSTS OF CITY ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

b. ORDINANCE 08-003 AMENDING THE SANIBEL CODE, PART II LAND DEVELOPMENT CODE: CHAPTER 126 ZONING, ARTICLE XIV SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 5, COMMERCIAL USES GENERALLY, TO ADD A NEW SECTION 126-1032 OUTDOOR SEATING FOR CARRYOUT RESTAURANTS, TO ESTABLISH PROCEDURES AND STANDARDS FOR PROVIDING OUTDOOR SEATING FOR CARRYOUT RESTAURANTS; CHAPTER 90 FEES, ARTICLE II. DEVELOPMENT PERMITS, DIVISION 3. NONRESIDENTIAL DEVELOPMENT, TO ADD A NEW SECTION 90-86. OUTDOOR SEATING; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

9:15 A. M.

8. Second Reading and Public Hearing   Click Here For Attachment

a. ORDINANCE 08-001 AMENDING ORDINANCE 07-014 ESTABLISHING MEMBERSHIP FEES FOR THE CITY OF SANIBEL RECREATION CENTER; PROVIDING FOR THE ESTABLISHMENT OF CITY EMPLOYERS CORPORATE WELLNESS MEMBERSHIP VOUCHER(S); PROVIDING FOR THE ESTABLISHMENT OF RENTAL RATES FOR SANIBEL BASED NON-PROFIT ORGANIZATIONS AND OTHER VARIOUS RENTAL RATES FOR RECREATION CENTER FACILITIES; AND PROVIDING AN EFFECTIVE DATE  

AND

b. Recommendation of the City’s Parks and Recreation Committee that the above ordinance be amended in regards to corporate membership for memberships purchased within any 12 month period, the first nine corporate memberships be at an annual fee of $125 each and 10 or more corporate memberships be at an annual fee of $100 each  

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)

a. RESOLUTION 08-009 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-027 AND PROVIDING AN EFFECTIVE DATE (TDC) (to appropriate grants from the Lee County Tourist Development Council (TDC) for various projects for FY 2007-08 including: 1) $74,830 for the Sanibel Caloosahatchee Water Quality Observatory Maintenance Project; 2) $21,000 for Sanibel Beach Access Improvements; 3) $30,000 for Sanibel Beach Erosion Monitoring; 4) $845,000 for Sanibel Facility/Beach Maintenance; 5) $30,000 for Sanibel Water Quality Monitoring and; 6) $145,000 for Sanibel Turner Beach Restroom improvements. See attached agreements for Tourist Development Tax Funding. These are all new sources of funds for FY08 which collectively increase the FY08 budget by $300,830)   Click Here For Attachment

b. RESOLUTION 08-012 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 SANIBEL SEWER SYSTEM PHASE 5 EXPANSION PROJECT NON-AD VALOREM SPECIAL ASSESSMENT; PROVIDING FOR REIMBURSEMENT TO THE PROPERTY APPRAISER FOR THE ADMINISTRATIVE COSTS ASSOCIATED WITH THE SPECIAL ASSESSMENT SERVICES; PROVIDING AUTHORIZATION TO ASSESS THESE COSTS TO ANY AND ALL PARCELS SUBJECT TO SUCH SPECIAL ASSESSMENT IN THE SPECIAL ASSESSMENTS DISTRICT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

c. RESOLUTION 08-013 APPROVING AN AGREEMENT WITH THE LEE COUNTY TAX COLLECTOR FOR THE COLLECTION OF THE CITY OF SANIBEL, SANIBEL SEWER SYSTEM PHASE 5 EXPANSION PROJECT NON AD VALOREM SPECIAL ASSESSMENT PURSUANT TO SECTION 197.3632, FLORIDA STATUTES; PROVIDING FOR REIMBURSEMENT TO THE TAX COLLECTOR FOR THE ADMINISTRATIVE COSTS ASSOCIATED WITH THE ASSESSMENT AND COLLECTION OF SANIBEL SEWER SYSTEM PHASE 5 EXPANSION PROJECT NON AD VALOREM SPECIAL ASSESSMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

d. RESOLUTION 08-011 ACCEPTING A BOAT, MOTOR, TRAILER AND ASSOCIATED MARINE EQUIPMENT AT NO COST FROM THE CAPE CORAL POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

e. RESOLUTION 08-014 AUTHORIZING THE CITY MANAGER TO DISPOSE OF OBSOLETE OR SURPLUS FIXED ASSETS; AND PROVIDING AN EFFECTIVE DATE (Police Department boat and trailer)   Click Here For Attachment

f. RESOLUTION 08-015 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-029 AND PROVIDING AN EFFECTIVE DATE (to roll-forward actual beginning fund balance of $17,924 and to appropriate $676 of interest earnings to provide additional funding to Lee County, pursuant to the final estimate from the contractor for the work on Sextant Drive. There is $676 of additional funds appropriated by this amendment and the FY08 budget is increased by $18,600)   Click Here For Attachment

g. Approve the purchase of two 26KW portable emergency generators from Power Pro Tech Services in the amount of $28,590 (funding available in the Utility Division Capital Improvement fund 451 of the adopted FY 2007/08 budget)   Click Here For Attachment

h. Approve Coral Sands Construction & Gould Contracting as a joint venture, to construct the replacement fuel canopy at Public Works in the amount of $42,165.00 ($40,000 is available in the Capital Improvement Fund of the adopted FY 2007/08 budget with Sanibel Fire Control District to provide the balance of $2,165)   Click Here For Attachment

i. RESOLUTION 08-010 TO ADOPT THE PRINCIPLES AND POLICIES OF THE NATIONAL INCIDENT MANAGEMENT SYSTEMS (NIMS) AS THE BASIS FOR INCIDENT MANAGEMENT IN THE CITY OF SANIBEL; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

j. Approval of a grant application to the Emergency Management Preparedness and Assistance Municipal Competitive Trust Fund for the amount of $50,000 providing for a City match of $50,000 and in-kind match of $50,000 and authorizing the Mayor to sign same   Click Here For Attachment

10. OLD BUSINESS

a. Water Quality Issues

1. Reports from City Council members

i. Letter from Tourism Development Council (TDC) to Governor Crist regarding the State-wide fertilizer regulations   Click Here For Attachment

ii. Letter from Colonel Grosskruger to Mayor Denham regarding the Caloosahatchee River Basin Storage Reservoir   Click Here For Attachment

iii. Letter to Mayor Frank Ortis, Florida League of Cities President (Mayor Pembroke Pines) from Representative Bryan Nelson regarding fertilizer   Click Here For Attachment

iv. Letter from Senator Burt Saunders to Council regarding fertilizer   Click Here For Attachment

2. Staff Reports

i. Northern Everglades Estuary Protection Plan Caloosahatchee Research and Water Quality Monitoring Plan Meeting, January 23rd   Click Here For Attachment

ii. Northern Everglades Interagency meeting January 29th    Click Here For Attachment

iii. Status of permit to test equipment to remove Red Drift Algae from the beach   Click Here For Attachment

b. Re-development Planning Work Program and Priorities – Progress Report and Next Phases   Click Here For Attachment

i. Build-back  

ii. Commercial Redevelopment   

iii. Resort Redevelopment  

iv. Residential Redevelopment 

c. Recreation Issues

i. Membership Summary   Click Here For Attachment

ii. Usage Summary   Click Here For Attachment

d. Causeway Construction and Landscaping – Landscape Irrigation

11. COMMITTEES BOARDS COMMISSION

a. Recommendation of the Parks and Recreation Committee to alter the policy to requiring gear to be utilized at the Sanibel Skate Park   Click Here For Attachment

b. Recommendation of the Parks and Recreation Committee to accept up to $60,000 from the Sanibel School Fund for the purchase of additional equipment for the Skate park, and for repositioning of existing equipment   Click Here For Attachment

c. Recommendation of the Parks and Recreation Committee to install treadmills at the Recreation Center   Click Here For Attachment

12. NEW BUSINESS

a. Discussion regarding draft Council summer schedule   Click Here For Attachment

13. CITY MANAGER

a. Informational Items

1. Upcoming Parades   Click Here For Attachment

i. Junior Parade – Edison Festival of Lights – Sunday, February 10th – 2:30 pm  

ii. Grand parade – Edison Festival of Lights – Saturday, February 16th – 7:00 pm 

2. Inter-governmental Activities   Click Here For Attachment

i. National League of Cities – 2008 Congressional City Conference - Washington, D.C. – March 8th to 12th   

ii. Lee County Chamber Days – Tallahassee - March 12th and 13th (Councilman Jennings attending)  

iii. Florida League of Cities Legislative Day – Tallahassee - March 26th (Mayor Denham & Councilman Jennings attending)  

3. Designation of City of Sanibel as a 2007 Tree City USA   Click Here For Attachment

4. Results of Household Hazardous Waste Collection Day   Click Here For Attachment

5. Causeway Traffic Count – December, 2007   Click Here For Attachment

6. Status of Blind Pass project   Click Here For Attachment

7. Causeway Construction and Landscaping – Landscape Irrigation   Click Here For Attachment

14. CITY ATTORNEY'S REPORT

15. COUNCIL MEMBERS' REPORT

a. Discussion of possible topics requested from citizens for future City Council agendas   Click Here For Attachment

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.

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.