Sanibel City Council Regular Meeting

SANIBELCITY COUNCIL REGULAR MEETING

DECEMBER 01, 2009

City Council held a greet and meet beginning at 8:30 a. m. to 9:00 a.m. for State Senator Garrett Richter and State Representative Gary Aubuchon

Mayor Denham called the meeting to order at 9:04 a. m.

Councilman Pappas gave the Invocation and led the Pledge of Allegiance.

Member present:Mayor Denham, Vice Mayor Ruane, Councilman Harrity, Councilman Jennings and Councilman Pappas

PRESENTATION(S)

Recognition of the Employee of the Year

Mayor Denham announced that Dave Fehlandt as the Employee of the Year.

Mr. Fehlandt thanked his peers for the honor of Employee of the Year.

Ms. Zimomra stated that this award was selected by employee peers.

Proclamation proclaiming 2010 as “The Year of the Everglades”

Mayor Denham read and presented the proclamation to Mr. Jim Sprankle on behalf of the Arthur R. Marshall foundation.

Mr. Sprankle thanked Council for the proclamation.

Senator Garrett Richter (District 76)

Senator Richter spoke to the following:

Special Session called to begin Thursday, December 03
Century Commission charged with researching off-shore drilling
Off-shore Drilling would be a topic of discussion

Discussion ensued regarding type of platforms used, economic issues, and critical component being tourism, status of US Sugar land purchase and reductionand the cost of land purchase to approximately $700 hundred million dollars.

Representative Gary Aubuchon (District 74)

Representative Aubuchon spoke to the following:

HealthyBeach Bill adopted - Health Department must notify local governments and the Department of Environmental Protection, whom will find the source of contamination within one mile
Presented the adopted bill to City Council
Special Session regarding Sun Rail, commuter rail project in Central Florida
61 miles from Deland to Poincianna – parallels I-4 (how to grow Florida’s future)
Put policies in place to put greater density along the commuter rail stations
Separate rail project, the high speed rail – Washington offering $8 billion for high speed railways
$2.5 billion from Washington for high speed rail
High speed rail could dove tail with commuter rail

Public Comment

Dick Ripasked if there would be rail for freight.

Representation Aubuchon stated the closest sea port was Sarasota then the Florida Keys with significant rail to move freight. He also stated that rail needs would be a comprehensive review. He advised that there was an on-going study for off-loading freight in Central Florida.

Council recessed at 9:49 a.m.

Council reconvened at 10:00 a.m.

Public Comments

Ed Seibert spoke to articles in the News Press on off-shore drilling, which he provided Council. He further spoke to the funding provided by lobbyist for off-shore drilling. He also spoke to 3-mile Island having radiation problems 30 years after the event. He asked if Council would write a letter stating Council’s position regarding off-shore drilling.

Barbara Cooley spoke to the need for alternative energy sources and stated that nuclear power was also needed.

Herb Rubin spoke to the appointment of Planning Commissioners one of the most important task that Council performs, he asked; 1) to what extent should Planning Commissioners represent the community; 2) Is it the responsibility of the Commission or Council to considering avoiding conflicts of interest; and 3) how do you determine in the interview process how applicants would inter act with sitting Planning Commissioner,

Chris Graham spoke to a general contractor fail to perform the job, but can get another work permit.

Ms. Zimomra recommended that staff meet with Mr. Graham and see what could be done to help with the matter and bring a report back to Council.

Discussion ensued regarding the need for all facts, would like to receive expert input and bring back to Council.

Linda Gornick spoke to final inspection completed and work sub-standard, but the contractor could still continue to work on the island.

Council Comments

Councilman Pappas spoke to the Contractor’s Board reviewing complaints and no specific penalties in place. He further charged the City Manager to examine complaints made by residents. He further stated that residents must be careful when choosing a contractor to work within their home.

Vice Mayor Ruane spoke to his agreement with the need to review contractor legislation.

Councilman Jennings spoke to new technology in Australia, and an off-shore drilling accident in the Timor Sea. He further spoke to his attendance to the Florida League of Cities Legislative Conference as follows:

Legislative Committee debated off-shore drilling and the need for a comprehensive study was agreed upon
Florida League of Cities General Membership meeting there was a compromise to request a comprehensive study in order for the League to support off-shore drilling
Need a resolution/proclamation against off-shore drilling at the January 05, 2010 Council meeting
Met with Senator Bill Nelson and Senator Nelson commented that he felt WashingtonD.C. would not allow drilling off Florida’s coast

Council agreed to have off-shore drilling discussion at the January 19, 2010 Council meeting.

Mayor Denham advised that there were three top subjects the City Attorney was following on behalf of City Council as follows:

Legislation concerning the Water Management District and their powers
Water classification system
Oil and gas exploration

THE FOLLOWING ORDINANCE (AGENDA ITEM 6 a) WILL NOT BE HEARD AT THIS MEETING BUT WILL BE CONTINUED TO THE REGULAR COUNCIL MEETING OF JANUARY 05, 2010 AT 9:30 A.M.

ORDINANCE 09-013 AMENDING THE SANIBEL CODE, PART H, SUBPART B. LAND DEVELOPMENT CODE, CHAPTER 102, PERTAINING TO THE BELOW MARKET RATE HOUSING PROGRAM; AMENDING SECTION 102-32, HOUSING FOUNDATION, SECTION 102-56, BELOW MARKET RATE HOUSING UNITS ACQUIRED BY THE HOUSING FOUNDATION, AND SECTION 102-57, MORTGAGING OF BELOW MARKET RATE HOUSING UNITS, PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE

Mr. Cuyler announced that the Ordinance would be re-advertised for second reading and public hearing for January 05, 2010 at 9:30 a. m.

SECOND READING AND PUBLIC HEARING

ORDINANCE 09-014 AMENDING THE SANIBEL PLAN BY AMENDING SECTION 3.5.1 CAPITAL IMPROVEMENTS GOALS OBJECTIVES AND POLICIES AND SECTION 3.5.2 IMPLEMENTATION, MONITORING AND EVALUATION TO UPDATE THE CAPITAL IMPROVEMENTS ELEMENT INCLUDING THE ADOPTED FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE

Ms. Zimomra read the title of Ordinance 09-014.

Ms. Jordan noted that there was a sign in sheet for the public.

Vice Mayor Ruane moved, seconded by Mayor Denham, to adopt Ordinance 09-014.

Public Comment

None

The motion carried

CONSENT AGENDA

Mr. Cuyler requested that Consent Agenda item (b) be moved for discussion.

a.RESOLUTION 09-119 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-004 AND PROVIDING AN EFFECTIVE DATE(to budget a $24,500 grant from US Fish & Wildlife for exotic plant control on refuge property. Requisition # 41540090039 is attached. This amendment increases FY10 budgeted revenue by $24,500. This grant provides revenue to cover expenditures included in the FY2010 budget and offsets a previously funded program)

d.RESOLUTION 09-120 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-003 AND PROVIDING AN EFFECTIVE DATE(to budget and appropriate $10,000 of additional membership revenue and $10,000 for the purchase of additional spin bikes. This amendment increases the FY10 budget by $10,000)

e.RESOLUTION 09-121 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-005 AND PROVIDING AN EFFECTIVE DATE (to transfer $50,000 from salaries to other contractual services for ball fields and ball field recreational facilities maintenance services to be provided by Amera-Tech, Inc., of Ft.Myers, Fl. Amera-Tech will provide one full-time worker who is fully insured to work 40 hours per week to maintain three ball fields and recreational facilities surrounding the ball fields. The worker will use existing Sanibel equipment. Overtime will be charged at $40/hr. Work will begin at the City’s direction. This amendment does not increase the FY10 budget)

f.RESOLUTION 09-122 APPROVING BUDGET AMENDMENT/TRANSFER NO. 2010-006 AND PROVIDING AN EFFECTIVE DATE (To budget and appropriate $15,000 for air conditioned boxes that will contain video network equipment, as follows: 1) $5,000 from the General Fund reserve for contingencies to the Transportation Fund to purchase one box to be located at the intersection of Lindgren Blvd. and Periwinkle Way; 2) $10,000 from Beach Parking fund balance for two boxes; one to be located at the Lighthouse and one to be located at Trost. This amendment does not increase or decrease the FY10 budget)

Ms. Zimomra read the titles of Resolutions 09-119, 09-120, 09-121 and 09-122.

Mayor Denham moved, seconded by Councilman Harrity, to adopt Resolutions 09-119, 09-120, 09-121and 09-122

The motion carried

c.Approval of the 2009 Criminal Justice User Agreement between Florida Department of Law Enforcement (FDLE) and the City of Sanibel and authorize the City Manager to execute same (this agreement governs the usage of NCIC and FBI CJIS data and is updated to comply with state and federal requirements)

g.Approval of a contract between the City of Sanibel and Fiber Solutions, in the amount of $60,290.27 for a video system at the Sanibel Police Department boat deck and authorize the City Manager to execute same (this project was included in the adopted FY10 budget)

Vice Mayor Ruane moved, seconded by Councilman Jennings, to approve items (c) and (d).

The motion carried.

b.AwardLighthouseBeach Fill Project contract to Eastman Aggregate Enterprises, LLC based upon their base bid of $175,222.92 and authorize the City Manager to execute same (this project is fully funded by a Tourism Development Council (TDC) grant)

Mr. Cuyler stated that if anaggrieved party could submit a bid protest according to Code a hearing would be heard. He further stated the following:

Issues of qualification
Low bidder did not meet qualifications
Low bidder supplied some information, but were inexperienced according to qualifications
Hearing would have been conducted if low bidder protested and was present at meeting
Request approval of item b

Discussion ensued regarding bid qualifications, no need for the hearing, and Mr. Cuyler requested that Council approve the recommendation.

Councilman Harrity moved, seconded by Vice Mayor Ruane, to approve item (b).

The motion carried

OLD BUSINESS

Legislative Issues

December 15, 2009, Lee County Legislative Delegation meeting, 10:00 a.m.EdisonState College; City Council meeting canceled

Ms. Zimomra noted there was no Council meeting on December 15th and today was the deadline to submit material. She also noted that Sanibel wasprovided 10 minutes on the delegation agenda. She further noted that legislators were not entertaining any funding requests.

Mayor Denham stated he was aware that Senator Constantine was looking at the fertilizer item, and there was local concern of three issues: 1) fertilizer; 2) stormwater; and 3) water classification system.

Discussion ensued regarding asking for a study completed when considering off-shore drilling, and Councilman Pappas asked to be excused from the meeting for a short time at 10:43 a.m. He returned at 10:50 a.m.

Ms. Zimomra spoke to the fact that when legislation was difficult, the topic would be moved to the Administrative process. She stated that this was enough of a trend to pay close attention to both. She advised Council that the Governmental Affairs Consultants would be meeting with each Councilmember latter in the week.

Public Comment

Rae Ann Wessel suggested the addition of the US Sugar purchase. She stated this was the year that the Department of Community Affairs was sunset.

Mayor Denham noted that he was engaged with

Legislative Watch List

Ms. Zimomra stated that in past years when a bill fails it is moved to the Administrative process. She further advised that Council has appointments with the Legislative Affairs Consultants later in the week.

Council asked if residents could attend the Legislative Delegation meeting and Ms. Zimomra stated yes.

Draft position paper on the proposed changes to Florida’s Designated Uses and Surface Water Classification System

Dr. Loflin spoke to the following:

Summarized the current proposal in DEP rule making
Reclassification of all water bodies in Florida
Some have a higher threshold for pollutants
No incentive for those causing the pollution to clean the water
Tendency to push pollutants down stream
Nutrient criteria not established – continuing process
Nutrients coming from north Florida by different areas, and easier to allow water to be cleaned up downstream
Recommend not to support

Pension Updates

General Employee Pension Fund Performance Review September, 2009

Police Pension Fund Performance Review September, 2009

Vice Mayor Ruane noted the following:

2 reports; one from each pension plan
Police Pension noted to be in the area of 13%
Special meeting December 09 of General Employees Pension Board of Trustees
Market continued to work well as a group

Discussion ensued regarding in reviewing the 2 reports, the General Employees Pension Plan information was boiler plate and hard to read, indicates on page 5 ranking 94% in the last quarter for General Employees Pension, need RFP’s and RFQ’s, process and evaluate various components.

COMMITTEES, BOARDS, COMMISSION

City Council Liaison to Planning Commission

December 08, 2009Mayor Denham

December 22, 2009Councilmember Jennings

January 12, 2010Councilmember Jennings

January 26, 2010Councilmember Harrity

February 09, 2010Vice Mayor Ruane

February 23, 2010Mayor Denham

March 09, 2010Councilmember Pappas

March 23, 2010Councilmember Jennings

April 13, 2010Councilmember Harrity

Ms. Zimomra stated that the above noted changes.

NEW BUSINESS

RESOLUTION 09-115 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 CITY OF SANIBEL SOLID WASTE COLLECTION SERVICES 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 ASSESSMENT DISTRICT; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE

RESOLUTION 09-116 APPROVING AN AGREEMENT WITH THE LEE COUNTY TAX COLLECTOR FOR THE COLLECTION OF THE CITY OF SANIBEL, SANIBEL SOLID WASTE COLLECTION SERVICES 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 THE SANIBEL SEWER SYSTEM PHASE 5 EXPANSION PROJECT NON AD VALOREM SPECIAL ASSESSMENTS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE

RESOLUTION 09-117 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 CITY OF SANIBEL SOLID WASTE COLLECTION SERVICES ASSESSMENT DISTRICT; 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

Ms. Zimomra read the title of Resolution 09-115, 09-116 and 09-117.

Mr. Cuyler gave the following background

Resolutions 09-115 and 09-116 were approving agreements with the tax collector and property appraiser
Resolution 09-117 expresses Council’s desire to utilize the tax bill method of collection
Adopt each resolution individuality
Summer 2010 procedure would be continued in accordance with Florida Statutes

Ms. Zimomra spoke to the following:

Staff pursuing two non-mutual aid exclusive proposals both with a goal to reduce the solid waste collection in the City
Participate in LeeCounty’s bid
Comparison $316. 32 per year
Captiva pays $214 per year due to being a part of a larger system
Sanibel pays for the billing system
Switching over to an assessment system

Public Comment

Dick Hawkins spoke to the process being simplified.

Darla Letourneau spoke to her agreement of the recommendation.

Claudia Burns stated her understanding that bills would go to the City to get a better rate and the concern was how she would know billing correct if she does not see a statement.

Mr. Cuyler stated that there would be a line item on the tax bill for waste collection annually. He further advised that an assessment district would be established.

Ms. Zimomra stated that many condominiums had a commercial account. She stated the billing would be done in advance for the upcoming year.

Mr. Castle stated that the City would be included in LeeCounty’s bid. The City’s bid would be in January, 2010.

Discussion ensued regarding City bid date, separate taxing district, would see assessment of solid waste on the tax bill, taxes paid in arrears,

Vice Mayor Ruane moved, seconded by Mayor Denham, to adopt Resolution 09-115.

The motion carried.