SANIBEL CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBERS (MacKenzie Hall)
800 DUNLOP ROAD
FEBRUARY 19, 2008
________________________________________________________________________
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; AND ON FILE AT SANIBEL LIBRARY
“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
9:00 A. M.
1. Call to Order
2. Invocation and Pledge of Allegiance (Councilman Pappas)
3. PRESENTATION(S)
a. Employee of the Quarter, 1st Quarter, FY 2007-2008 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 (Commissioner Tom Krekel)
9:15 A. M.
7. Second Reading and Public Hearing
a. 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
8. PUBLIC HEARING
Click Here For Attachmenta. RESOLUTION 08-022 OF THE SANIBEL CITY COUNCIL EXPRESSING ITS INTENT TO UTILIZE THE UNIFORM METHOD OF LEVYING, COLLECTING AND ENFORCING NON-AD VALOREM ASSESSMENTS WHICH HEREAFTER SHALL OR MAY BE LEVIED (UPON ADDITIONAL NOTICE TO PROPERTY OWNERS) BY THE CITY COUNCIL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 197.3632, FLORIDA STATUTES, FOR THE SANIBEL SEWER SYSTEM PHASE 5 EXPANSION PROJECT; SETTING FORTH THE NEED FOR THE LEVY OF SUCH NON-AD VALOREM ASSESSMENTS; SETTING FORTH THE LEGAL DESCRIPTION OF THE BOUNDARIES OF THE REAL PROPERTY SUBJECT TO THE LEVY OF NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE
9. CONSENT AGENDA (ANY PERSON MAY REQUEST THAT COUNCIL REMOVE AN ITEM FROM THE CONSENT AGENDA FOR DISCUSSION BY NOTIFYING THE CITY CLERK, OR A COUNCIL MEMBER, PRIOR TO THE MEETING)
a. Approval of an Interlocal Agreement between the City of Sanibel and Lee County for Community Development Block Grant (CDBG) in the amount of $43,260 for identifying single- family/multi-family housing repair and mitigation activities and authorize the City manager to execute same Click Here For Attachment
b. Approval of agreement between the City of Sanibel and Community Housing Resources (CHR) for a Community Development Block Grant (CDBG) in the amount of $43,260 for identifying single-family/multi-family housing repair and mitigation activities and authorize the City Manager to execute same Click Here For Attachmentc. RESOLUTION 08-019 ADOPTING A COST ALLOCATION PLAN, (ALSO KNOWN AS AN INDIRECT COST PLAN) FOR THE FISCAL YEAR 2007-08; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF COST ALLOCATION PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF OMB CIRCULAR A-87 AND FULL COST PLAN; AUTHORIZING THE DISTRIBUTION OF THE CENTRAL SERVICE OVERHEAD COSTS TO QUALIFYING GRANTS AND ENTERPRISE FUNDS; ESTABLISHING THAT REGULAR UPDATES TO THE COST ALLOCATION PLAN BE MADE; AND ESTABLISHING AN EFFECTIVE DATE Click Here For Attachment
d. RESOLUTION 08-021 CANCELING THE REGULARLY SCHEDULED CITY COUNCIL MEETINGS OF JUNE 17, JULY 1, AND AUGUST 5 AND RESCHEDULING THE CITY COUNCIL MEETING OF SEPTEMBER 2 TO SEPTEMBER 6; AND PROVIDING AN EFFECTIVE DATE. Click Here For Attachment
e. RESOLUTION 08-017 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-030 AND PROVIDING AN EFFECTIVE DATE (to transfer $31,962 from the Reserve for Environmental Initiatives line in the General Fund to the Environmental Defense Fund Other Contractual Services line to pay for the production and distribution of a fertilizer education DVD and fertilizer booklet. There are no new funds appropriated by this amendment. The balance in the General Fund Reserve for Environmental Initiatives line will be $655,184 after this amendment) Click Here For Attachment
f. RESOLUTION 08-018 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-031 AND PROVIDING AN EFFECTIVE DATE (to transfer $107,045 from the Recreation Center Reserve for contingencies line to various expense lines for opening costs. The lines include: 1) Other contractual services of $40,440; 2) Office supplies of $15,000; 3) Operating supplies of $39,610; 4) Machinery and equipment of $11,995. This amendment does not increase the FY08 expense) Click Here For Attachment
g. RESOLUTION 08-016 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-028 AND PROVIDING AN EFFECTIVE DATE (to (1) roll forward from FY07 $1,661,272 for the building of the new recreation facility; 2) to appropriate $184,286 of Lee County revenue and; 3) to appropriate $25,000 of interest earnings. This amendment increases the FY08 Recreation Facility Fund budget by $1,870,558. This amendment appropriates $25,000 of new revenue) Click Here For Attachment
h. RESOLUTION 08-023 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-032 AND PROVIDING AN EFFECTIVE DATE (to roll forward from Y07 $10,000 of beginning fund balance for the City’s share of Sanibel Harbor (at the end of Bay Drive) dredging costs, originally budgeted but unspent in FY 07. The Sanibel Harbor Homeowners Association is hiring a dredging contractor and will bill the City for 1/3 of the dredging costs. This amendment increases the budget by $10,000; however no new or additional funds are being appropriated by this amendment) Click Here For Attachment
10. OLD BUSINESS
a. Water Quality Issues
1. Reports from City Council members Click Here For Attachment
i. Status of Senate Bill 1634
a Bill Language
b Senate Bill 1634 Fact Sheet
c. Next Steps
i. Call for Action
ii. Web Posting
iii. Mailing
iv. Legislative Contacts
2. RESOLUTION 08-020 RECOMMENDING THAT THE FLORIDA LEGISLATURE ACCEPT THE RECOMMENDATIONS OF THE FLORIDA CONSUMER FERTILIZER TASK FORCE THAT REJECTS ANY ATTEMPT TO PREEMPT THE HOME RULE AUTHORITY OF LOCAL GOVERNMENT TO ENACT MEASURES REGULATING THE INTRODUCTION OF POLLUTANTS INTO OUR WATERWAYS Click Here For Attachment
3. Staff Reports Click Here For Attachment
b. Recreation Issues
i. Membership/Revenue Summary Click Here For Attachment
ii. Usage Summary Click Here For Attachment
iii. Summary of Recreation Center Construction
1. Change Order #13 Click Here For Attachment
11. COMMITTEES BOARDS COMMISSION
a. Appointment of Gregory Woodham to the Vegetation Committee Click Here For Attachment
b. To consider a recommendation from the Planning Commission to revise the Redevelopment Planning Work Program and Priorities to enable the Commission to study and report on potential amendments to the Land Development Code that will address Appropriately Sized Houses and Neighborhood Rhythm and Harmony Click Here For Attachment
12. NEW BUSINESS
a. Preliminary Budget Discussion
i. Inventory of Current Service Levels
ii. Noteworthy Budget Variables
iii. Revenue Options
a. User Fees
1. Weight Station
2. Recreation After-School Program
3. Public Utility Service Tax
4. Storm Water Fee
5. Solid Waste Franchise Fee
6. Vegetation Permit
7. Other
b. Approval of the Community Resources Housing (CHR) annual plan per the agreement between CHR and the City of Sanibel Click Here For Attachment
13. CITY MANAGER
a. Informational Items
1. Status of Sanibel Causeway Variable Pricing Click Here For Attachment
i. Lee County Variable Pricing Focus Groups public information meeting, February 26, 2008, Sanibel Recreation Center, 4:30 p.m. to 6:30 p.m.
ii. Presentation by Lee County to City Council on March 18, 2008
iii. Lee County Board of County Commissioners to review alternatives under consideration along with recommendations from Sanibel City Council on April 7, 2008
2. Inter-governmental Activities Click Here For Attachment
i. Lee County Chamber Days – Tallahassee - March 12th and 13th (Councilman Jennings attending)
ii. Florida League of Cities Legislative Day – Tallahassee - March 26th (Mayor Denham & Councilman Jennings attending)
iii. Southwest Florida Delegation Day – Tallahassee – April 02, 2008 (Councilman Jennings & Mayor Denham attending)
3. Community Housing Resources, Inc. (CHR) Financial Statements and Supplementary Information Click Here For Attachment
4. Code Enforcement Activity Report for January, 2008 Click Here For Attachment
5 Development Permit Activity Report for January, 2008 Click Here For Attachment
6. Building Department Permits and Inspections Monthly Report Click Here For Attachment
7. Building Department Monthly Revenue Accumulative as of January 31, 2008 Click Here For Attachment
14. CITY ATTORNEY'S REPORT
a. Approval of an agreement between the City of Sanibel and Anthony J. Gargano, P.A. to continue the current Code Enforcement Hearing Examiner Services providing for a rate of $175/hour for FY 07-08 and a retainer of $100 per month and authorize the Mayor to execute same Click Here For Attachment
15. COUNCIL MEMBERS' REPORT
16. PUBLIC COMMENT
17. ADJOURNMENT
12:15 P. M.
THE LUNCH BREAK MAY BE RE-SCHEDULED; ITEMS SHOWN AFTER LUNCH MAY BE DISCUSSED PRIOR TO THE LUNCH BREAK, UNLESS LISTED TO BE HEARD AT A SPECIFIED TIME
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
NOTICE – CALENDAR SUBJECT TO CHANGE
Tuesday February 26, 2008 Lee County Sanibel Sanibel Recreation Center 4:30 to Variable Pricing Focus Groups 6:30 pm Public Information Meeting
Tuesday March 04, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Sunday March 16, 2008 Seahorse Festival Sanibel School 12:00 to 4:00 pm
Tuesday March 18, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday March 18, 2008 Lee County Presentation MacKenzie Hall 9:00 a.m.of Sanibel Causeway Variable Pricing
Tuesday April 01, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Thursday April 03, 2008 Volunteer Luncheon SCA 11:30 a.m.
Monday April 07, 2008 Lee BOCC reviewing BOCC Chambers 9:30 a.m. Sanibel Causeway Variable Pricing alternatives
Tuesday April 15, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday May 06, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday May 20, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Monday May 26, 2008 City Hall Closed in Observance of Memorial Day
Tuesday, June 03, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday June 17, 2008 City Council Meeting
CANCELEDTuesday July 01, 2008 City Council Meeting
CANCELEDFriday July 04, 2008 City Hall Closed in Observance of Independence Day
Tuesday July 15, 2008 City Council Meeting MacKenzie Hall 9:00 a. m. Proposed Millage Rate Set
Tuesday August 05, 2008 City Council Meeting
CANCELEDTuesday August 19, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Monday September 01, 2008 City Hall Closed in Observance of Labor Day
Tuesday September 02, 2008 City Council Meeting
RESCHEDULED TO Saturday, September 06Saturday September 06, 2008 First Budget Hearing MacKenzie Hall 9:00 a. m.
Saturday September 06, 2008 City Council Meeting MacKenzie Hall 1:00 pm
Tuesday September 16, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday September 16, 2008 Final Budget Hearing MacKenzie Hall 5:01 p. m.
Tuesday October 7, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday October 21, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday November 04, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Thursday November 06, 2008 Student Government Day MacKenzie Hall 10:15 a. m.
Tuesday November 11, 2008 City Hall Closed in Observance of Veterans Day
Tuesday November 18, 2008 City Council Meeting McKenzie Hall 9:00 a. m.
Thursday & Friday November 27 & 28, 2008 City Hall Closed in Observance of Thanksgiving
Tuesday December 02, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday December 16, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.
Thursday December 25, 2008 City Hall Closed in Observance of Christmas
Thursday January 01, 2009 City Hall Closed in Observance of New Year’s
Tuesday January 06, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Monday January 19, 2008 City Hall Closed in Observance of Martin Luther King Birthday
Tuesday January 20, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday February 03, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday February 17, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday March 03, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday March 03, 2009 City Council Elections 7:00 am to 7:00 pm
Tuesday March 17, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday April 07, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday April 21, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday May 05, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday May 19, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Monday May 25, 2009 City Hall Closed in Observance of Memorial Day
Tuesday June 02, 2009 City Council Meeting MacKenzie Hall 9:00 a. m,
Tuesday June 16, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Friday July 03, 2009 City Hall Closed in Observance of Independence Day
Saturday July 04, 2009 Independence Day
Tuesday August 04, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday July 07, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday July 21, 2009 City Council Meeting MacKenzie Hall 9:00 a. m. Proposed Millage Rate Set
Tuesday August 18, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday September 01, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Saturday September 05, 2009 City Council 1st Budget Hearing MacKenzie Hall 9:00 a.m.
Monday September 07, 2009 City Hall Closed in Observance of Labor Day
Tuesday September 08, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday September 15, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday October 06, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
Tuesday October 20, 2009 City Council Meeting MacKenzie Hall 9:00 a. m.
As approved 022007
Sanibel City Council
“RULES OF CIVILITY FOR PUBLIC PARTICIPATION”
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:
Speakers are permitted to deliver his or her comments without interruption.
Speakers and debates should focus on issues, not on persons or personalities.
Persons are encouraged to participate in the governmental process.
To allow time to hear all points of view, speakers are allotted 3 minutes each time they are recognized.
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.
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.
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.
We seek to understand one another’s points of view.
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.
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.