SANIBEL CITY COUNCIL REGULAR MEETING

COUNCIL CHAMBERS (MacKenzie Hall)

800 DUNLOP ROAD

APRIL 01, 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 (Vice Mayor Johnston)

3. Election of Mayor and Oath of Office

4. Election of Vice Mayor and Oath of Office

COUNCIL PHOTO

5. PRESENTATION(S)

a. Proclamation proclaiming April as Water Conservation Month   Click Here For Attachment

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

7. Council Comments

8. Planning Commission Report (Commissioner Les Forney)

9. 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 08-006 AMENDING THE CODE OF ORDINANCES, SUBPART A GENERAL ORDINANCES, CHAPTER 30 ENVIRONMENT, ARTICLE III NOISE, SECTION 30-65 EXCEPTIONS, TO MAKE EMERGENCY ELECTRICAL POWER GENERATORS EXEMPT FROM THE MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS; AND AMENDING SUBPART B LAND DEVELOPMENT CODE, CHAPTER 126 ZONING, DIVISION 16 EMERGENCY ELECTRICAL POWER GENERATORS, SECTION 126-1305 GENERALLY, TO REVISE AND ADD DEFINITIONS AND CHANGE PROCEDURES FOR PERMITTING EMERGENCY ELECTRICAL POWER GENERATORS; AND CHANGE SOUND PRESSURE LEVEL STANDARDS FOR EMERGENCY ELECTRICAL POWER GENERATORS; AND ADDING A NEW SECTION 126- 1307 ADMINISTRATION AND ENFORCEMENT; AND AMENDING SECTION 82-401 TO ADD PERMANENTLY INSTALLED EMERGENCY ELECTRICAL POWER GENERATORS TO THE LIST OF ITEMS ELIGIBLE FOR A SHORT FORM DEVELOPMENT PERMIT; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

b. ORDINANCE 08-007 AMENDING ORDINANCE 07-014 WHICH ESTABLISHED MEMBERSHIP FEES FOR THE CITY OF SANIBEL RECREATION CENTER; ESTABLISHING FEES FOR CERTAIN SUMMER AQUATICS PROGRAMS; AMENDING ORDINANCE 07-011 TO REVISE CERTAIN FEES FOR THE YOUTH SUMMER PROGRAM AND SUMMER AQUATICS PROGRAMS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE      Click Here For Attachment

c. ORDINANCE 08-008 OF THE CITY OF SANIBEL ESTABLISHING THE CITY COMMUNITY PARK LOCATED AT 2221 PERIWINKLE WAY AS A TOBACCO FREE PUBLIC SPACE; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

 

10. SECOND READING AND PUBLIC HEARING

9:15 A. M.

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 SEVER- ANCE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

9:20 A. M.

b. ORDINANCE 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

11. 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. RESOLUTION 08-046 AMENDMENT/TRANSFER NO. 2008-044 AND PROVIDING AN EFFECTIVE DATE (to transfer funds within the General Fund from Reserves for Insurance Deductibles to the Insurance Department’s Other Current Charges expense line for settlement of a $10,867 vehicle accident claim from Lisa Rodriquez at Sanibel-Captiva Road and Buckthorn Lane on January 9, 2007. This amendment does not increase the FY08 budget).   Click Here For Attachment

b. RESOLUTION 08-047 APPROVING REVISED RULES OF PROCEDURE FOR THE PLANNING COMMISSION; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

c. RESOLUTION 08-048 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2008-046 AND PROVIDING AN EFFECTIVE DATE (to roll forward to FY08: 1) $40,415 from Tourist Development Council (TDC) grant #401900 for Historic Village restrooms; 2) $60,000 from TDC grant #401897 for dune walkover replacement; 3) $75,000 from the South Florida Water Management District for Dixie Beach mangrove restoration and 4) to recognize available unspent funds of $100,303, advanced in FY06, under the US Fish and Wildlife grant #401815J020. This amendment increases the FY08 revenue and expense by $275,718. There are no new funds appropriated by this amendment)   Click Here For Attachment

d. Award Dixie Beach Boulevard Mangrove Restoration Project contract to MAJ Contacting, Inc. in the amount of $99,359.00 and authorize the City Manager to execute same (100% of funding provided by U. S. Fish and Wildlife and South Florida Water Management District grants)   Click Here For Attachment

e. Approve staff’s ranking of mechanical engineers and direct the City Manager to negotiate a contract with the top ranked firm, ATP Engineering (upgrading the Police Department air conditioning system)   Click Here For Attachment

f. Award 2008 Shared Use Path Repairs contract to Florida Paving and Landscaping, Inc. in the amount of $162,919.05 and authorize the City Manager to execute same   Click Here For Attachment

g. RESOLUTION 08-049 OF THE CITY OF SANIBEL URGING THE 2008 FLORIDA LEGISLATURE TO ENACT LEGISLATION TO CREATE AND FUND A SUCCESSOR PROGRAM TO THE FLORIDA FOREVER PROGRAM AND TO IMMEDIATELY DOUBLE FUNDING FOR FLORIDA FOREVER DUE TO THE ENORMOUS NEED FOR LAND CONSERVATION FUNDING IN OUR STATE; AND PROVIDING AN EFFECTIVE DATE.   Click Here For Attachment

h. RESOLUTION 08-051 AMENDING RESOLUTION 08-035 APPROVING A MASTER LEASE AGREEMENT WITH LEASING 2, INC. FOR THE CITY'S CASE 4X4 LOADER BACKHOE; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

12. OLD BUSINESS

a. Water Quality Issues

1. Reports from City Council members

i. Attendance to the Florida League of Cities Legislative Day – March 26, 2008 (Mayor Denham & Councilman Jennings)  

ii. Discussion regarding C-43 filter marsh status (Vice Mayor Johnston)   Click Here For Attachment

iii. Letter from Alachua County Commission Chairman Rodney J. Long supporting Senate Bill 1634   Click Here For Attachment

iv. Resolution from Lee County Tourist Development Council supporting Senate Bill 1634.   Click Here For Attachment

 

2. Staff Reports

i. Demonstration of new storm drainage inlet advisory signage   Click Here For Attachment

b. Review of City’s investment policy (Councilman Ruane) Click Here For Attachment 

13. COMMITTEES BOARDS COMMISSION

a. Acceptance of resignation from Gopal Pati, PhD., as a Wildlife Committee member   Click Here For Attachment

14. NEW BUSINESS

a. Reports from Planning Department  

i. Report from Planning Department regarding effective date for new Flood Insurance rate map   Click Here For Attachment

ii. Report on conditions and capacity of telecommunication tolerant areas   Click Here For Attachment

b. RESOLUTION 08-051 OF THE CITY COUNCIL OF THE CITY OF SANIBEL EXPRESSING ITS INTENT TO DECLARE A SPECIAL ASSESSMENT TO FUND A PUBLIC IMPROVEMENT AS AUTHORIZED BY THE HOME RULE PROVISION OF THE FLORIDA CONSTITUTION, GENERAL LAW AND THE SANIBEL CHARTER FOR THE EXPANSION AND EXTENSION OF THE SANIBEL SEWER COLLECTION SYSTEM; SAID PROJECT TO BE REFERRED TO AS THE "SANIBEL SEWER SYSTEM PHASE 5 EXPANSION PROJECT"; ADOPTING THE PROCEDURES SET FORTH IN CHAPTER 170, FLORIDA STATUTES; PROVIDING FOR A DESCRIPTION OF THE NATURE AND LOCATION OF THE IMPROVEMENT, THE MANNER OF LEVYING ASSESSMENTS, THE ESTIMATED COST AND THE DESCRIPTION OF THE LANDS UPON WHICH THE ASSESSMENT SHALL BE LEVIED, AND OTHER MATTERS REQUIRED BY CHAPTER 170, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE   Click Here For Attachment

c. Designation of Council delegates and liaisons     Click Here For Attachment

15. CITY MANAGER

a. Informational Items

1. 2008 Hurricane Pass available    Click Here For Attachment

2. Adjustment in Building Department staff   Click Here For Attachment

3. Budget Discussion

i. Distribution of Storm Water utilities and discussion on May 06 City Council meeting    Click Here For Attachment

4. City Council Goals discussion – May 06 at 2:00 p.m.   Click Here For Attachment

5. Dedication of Community Park located at 2221 Periwinkle Way, Monday, April 21st at 3:00 pm   Click Here For Attachment

6. Pricing adjustment notice from Comcast beginning May, 2008      Click Here For Attachment

7. Status of Sanibel Causeway Variable Pricing

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    Click Here For Attachment

8. Intergovernmental Activities

i. Southwest Florida Delegation Day - Tallahassee April 02, 2008 (Mayor Denham & Councilman Jennings)    Click Here For Attachment

11:30 P. M.       EXECUTIVE SESSION RELATING TO UNION NEGOTIATIONS. In attendance shall be the following persons: 

                                                Sanibel City Council

                                                Sanibel City Manager Judie Zimomra

                                                Sanibel City Attorney Kenneth Cuyler

                                                Jim Isom, Administrative Services Director

                                                Wayne Helsby, Labor Counsel (Allen, Norton & Blue)

16. CITY ATTORNEY'S REPORT

17. COUNCIL MEMBERS' REPORT

a. Recommendations from Council Members Regarding Future Agenda Discussion Items (Mayor Denham)   Click Here For Attachment

18. PUBLIC COMMENT

19. 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

NOTICE – CALENDAR SUBJECT TO CHANGE

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

Tuesday April 15, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.

Monday April 21, 2008 Community Park Community Park Dedication 3:00 pm

Tuesday May 06, 2008 City Council Meeting MacKenzie Hall 9:00 a. m.

Council Goals Discussion 2:00 p. 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.