SANIBEL CITY COUNCIL REGULAR MEETING

COUNCIL CHAMBERS (MacKenzie Hall)

800 DUNLOP ROAD

MARCH 18, 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 (Mayor Denham)

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

4. Council Comments

5. PRESENTATION(S)

a. Recognition of City Employees who volunteered as Salvation of Army Bell Ringers   Click Here For Attachment

b. Sanibel Causeway Variable Pricing presentation by Paul Wingard, Deputy Director Lee County Department of Transportation and Cella Molnar   Click Here For Attachment

6. Planning Commission Report (Commissioner Patty Sprankle)

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 08-004 AMENDING THE SANIBEL CODE, PART II LAND DEVELOPMENT CODE; CHAPTER 82 ADMINISTRATION, ARTICLE IV DEVELOPMENT PERMITS, DIVISION 2 PROCEDURE, SUBDIVISION III LONG FORM, SECTION 82-421 APPLICATION, TO REQUIRE A LONG FORM PERMIT APPLICATION, AND REVIEW BY THE PLANNING COMMISSION, FOR ALL PRINCIPAL STRUCTURES THAT INCLUDE AN INTEGRALLY ATTACHED ACCESSORY STRUCTURE THAT REQUIRES A LONG FORM PERMIT; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE   Click Here For Attachment

b. ORDINANCE NO. 08-005 AMENDING CHAPTER 14 OF THE SANIBEL CODE, “BUILDINGS AND BUILDING REGULATIONS”, ARTICLE III, LICENSES, REGISTRATIONS AND CERTIFICATIONS, DIVISION 2, CONSTRUCTION CONTRACTORS, SECTION 14-127, PREREQUISITE TO ISSUANCE OF AUTHORIZED CONTRACTORS LICENSE, AND SECTION 14-138, TYPES OF AUTHORIZED CONTRACTOR LICENSES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

8. 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. Approve staff’s ranking of the Disaster Recovery Services contractors and direct staff to negotiate contracts with the top two ranked firms, Crowder-Gulf and Ash Britt and authorize the City Manager to execute the contracts   Click Here For Attachment

b. Request from Sanibel Community Association (SCA) for twenty additional Special Events Permits for the remainder of 2008   Click Here For Attachment

c. RESOLUTION 08-042 AMENDMENT/TRANSFER NO. 2008-043 AND PROVIDING AN EFFECTIVE DATE (to appropriate: 1) the donation of $59,000 from Periwinkle Partnership for the Phase 3 of the Periwinkle Landscaping project and 2) the donation of $997.50 from Billy’s Rental for bike racks. This amendment will increase the FY08 budget by $59,998 for these new funds)   Click Here For Attachment

d. Approval of Amendment No. 1 to Contract No. 4600001001 between the South Florida Water Management District and the City extending the contract term for 120 days to use approximately $25,000 remaining of the original $120,000 grant funds for the design of Phase IV of the Sanibel Sewer System Expansion and authorize the City Manager to execute same   Click Here For Attachment

e. RESOLUTION NO. 08-044 PROVIDING FOR THE ADOPTION OF THE LOCAL MITIGATION STRATEGY AS THE FORMAL GUIDE FOR THE CITY OF SANIBEL’S HAZARD MITIGATION ACTIVITIES; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

f. Request from Clinic for the Rehabilitation of Wildlife, Inc., (C.R.O.W.) to serve alcohol at their annual fund raiser “Taste of the Islands” to be held at Sanibel Community Park, 2221 Periwinkle Way, Sunday, April 13, 2008   Click Here For Attachment

g. RESOLUTION 08-040 EXTENDING THE TERMS OF ALL EXISTING MEMBERS OF THE SANIBEL HISTORICAL PRESERVATION COMMITTEE, MARINE ADVISORY COMMITTEE, PARKS AND RECREATION COMMITTEE, VEGETATION COMMITTEE AND WILDLIFE COMMITTEE, WHOSE TERMS WOULD OTHERWISE EXPIRE, TO JUNE 3, 2008; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

9. OLD BUSINESS

a. Water Quality Issues

1. Reports from City Council members

i. Attendance to the Lee County Chamber Days in Tallahassee – March 12th (Councilman Jennings )   Click Here For Attachment

ii. Status of Lee County Fertilizer Ordinance

iii. Discussion of C-43 Reservoir filter marsh status (Vice Mayor Johnston)

iv. Letter to Florida League of Cities Board members regarding SB 1634 as a March agenda item (Councilman Jennings)   Click Here For Attachment

v. Letter to Mayor Denham from Senator Burt Saunders expressing his appreciation for providing him City of Sanibel Resolution 08-020   Click Here For Attachment

vi. House Bill 1503 – companion to Senate Bill 1634 – Healthy Beach Program    Click Here For Attachment

vii. Other   Click Here For Attachment

2. Staff Reports

i. RESOLUTION O8-041 APPROVING AN AGREEMENT FOR FUNDING BETWEEN THE CITY OF SANIBEL AND LEE COUNTY; PROVIDING FOR THE COUNTY’S FUNDING FROM THE TOURIST DEVELOPMENT TAX FOR COMPLETION OF THE NUISANCE RED DRIFT ALGAE STUDY; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

ii. Staff presentation on City of Sanibel coordinated efforts for the comprehensive water quality testing and monitoring program   Click Here For Attachment

b. Preliminary Redevelopment Planning Work Program, Schedule and Reports for FY 2007-2008 and FY 2008- 2009   Click Here For Attachment

c. Community Housing Resources (CHR) Issues

i. Discussion and Review of the Community Housing and Resources (CHR) Annual Plan per the agreement between CHR and the City of Sanibel as requested by City Council   Click Here For Attachment

ii. Discussion of Community Housing & Resources (CHR) request for certain ground lease amendments for Below Market Rate Housing units (per letter from CHR), and direction to Staff to prepare necessary documentation for consideration at April 1, 2008, Council Meeting.    Click Here For Attachment

10. COMMITTEES BOARDS COMMISSION

a. Acceptance of resignation of Dr. Neil Payne as a member of the Wildlife Committee    Click Here For Attachment

b. Request from William Wollschlager to change his membership status on the Vegetation Committee to non-voting adjunct member   Click Here For Attachment

11. NEW BUSINESS

a. Presentation from Mr. Richard Sette regarding Beach Renourishment (Councilmember Ruane) (15 minutes)   Click Here For Part 1   Click Here For Part 2

12. CITY MANAGER

a. Proposal to Schedule Annual Goal Setting Session for Tuesday, April 15, 2008   Click Here For Attachment

b. Proposal to Introduce an Ordinance to Establish Community Park, 2221 Periwinkle Way, as a Tobacco Free Public Space   Click Here For Attachment

c. Informational Items

1. Status of Sanibel Causeway Variable Pricing    Click Here For Attachment

i. Presentation to Lee County Board of County Commissioners to review alternatives under consideration along with recommendations from Sanibel City Council on April 7, 2008 

ii. Volunteer Appreciation Luncheon – Thursday, April 03, 2008 Sanibel Community Association – 11:30 am

2. Intergovernmental Activities   Click Here For Attachment

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

ii. Southwest Florida Delegation Day – Tallahassee - April 02, 2008 (Mayor Denham & Councilman Jennings attending)

3. April 1, 2008 Fiscal Year 2009 Budget Discussion – Review of List of Existing Services   Click Here For Attachment

 

4. Recreation Issues

i. Membership Summary   Click Here For Attachment

ii. Usage Summary    Click Here For Attachment

5. Code Enforcement Activity Report for February, 2008   Click Here For Attachment

 

6. Development Permit Activity Report for February, 2008    Click Here For Attachment

 

7. Building Department Permits and Inspections Monthly Report   Click Here For Attachment

 

8 Building Department Monthly Revenue Accumulative as of February 29, 2008    Click Here For Attachment

 

9. Causeway Vehicle Counts – January, 2008   Click Here For Attachment

13. CITY ATTORNEY'S REPORT

a. RESOLUTION NO. 08-045 APPROVING AND AUTHORIZING THE EXECUTION OF THE SETTLEMENT AGREEMENT IN THE CASE OF ADRIEN ROTHSCHILD AND JORDAN FAIRMAN VS. KENNETH E. PFALZER, INDIVIDUALLY, AND THE CITY OF SANIBEL, DAVID GOMBERG AND FRANCINE GOMBERG, CASE NO. 2:06-CV-446-FTM-29DNF, FILED IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

14. COUNCIL MEMBERS' REPORT

15. PUBLIC COMMENT

16. 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 April 01, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.

Thursday April 03, 2008 Volunteer Luncheon SCA 11:30 a.m.

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 CANCELED

Tuesday July 01, 2008 City Council Meeting CANCELED

Friday 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 CANCELED

Tuesday 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 06

Saturday 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:

  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.