SANIBEL CITY COUNCIL MEETING COUNCIL CHAMBERS (MacKenzie Hall) 800 DUNLOP ROAD AUGUST 17, 2004

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1 SANIBEL CITY COUNCIL MEETING COUNCIL CHAMBERS (MacKenzie Hall) 800 DUNLOP ROAD AUGUST 17, 2004 PLEASE NOTE THAT THE CITY COUNCIL AGENDA IS SUBJECT TO CHANGE 9:00 A. M. 1. Call to Order 2. Invocation and Pledge of Allegiance. (Councilman Brown) 3. PRESENTATION(S): a. Employee of the Second Quarter. b. Recognition of City employees and Sanibel residents for their heroic efforts on July 21, Public Comments for non-agenda items (Maximum time allotted, 20 minutes, with a limitation of 5 minutes per speaker.) 5. Council Comments. 6. Planning Commission Report. (John Dillon) 7. 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 ESTABLISHING A FINANCIAL AID SCHOLARSHIP POLICY AND PROCEDURES FOR THE RECREATION DEPARTMENT S SUMMER PROGRAM SESSIONS AND AFTER-SCHOOL PROGRAM DURING THE SCHOOL YEAR; AND PROVIDING AN EFFECTIVE DATE. b. RESOLUTION AUTHORIZING THE MAYOR TO SIGN A JOINT RESOLUTION BETWEEN THE CITY OF SANIBEL AND LEE COUNTY BOARD OF COUNTY COMMISSIONERS PERTAINING TO THE Page 1 of 8

2 CITY S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, FEDERAL FISCAL YEARS 2005, 2006 AND 2007; AND PROVIDING AN EFFECTIVE DATE. c. RESOLUTION DECLARING A CITY-OWNED RESIDENTIAL STRUCTURE LOCATED AT 2221 PERIWINKLE WAY (IMMEDIATELY WEST OF THE SANIBEL COMMUNITY ASSOCIATION BUILDING) TO BE SURPLUS PROPERTY; ESTABLISHING PROCEDURES FOR THE PUBLIC SALE AND DISPOSITION OF SUCH SURPLUS PROPERTY; AND PROVIDING AN EFFECTIVE DATE. d. RESOLUTION APPROVING AGREEMENT WITH LEE COUNTY THROUGH THE WEST COAST INLAND NAVIGATION DISTRICT (WCIND) FOR SUB- GRANT FUNDING FOR IMPLEMENTATION OF THE TARPON BAY DREDGING PROJECT; AND PROVIDING AN EFFECTIVE DATE. e. RESOLUTION APPROVING THE SALE OF TWO CITY-OWNED PARCELS TO THE U.S. FISH AND WILDLIFE SERVICE AS APPROVED BY THE CITY OF SANIBEL ELECTORATE; AND PROVIDING AN EFFECTIVE DATE. f. RESOLUTION AUTHORIZING THE CITY OF SANIBEL S ACQUISITION, BY GIFT, PURCHASE OR EMINENT DOMAIN, OF A FEE INTEREST OR PERPETUAL EASEMENT INTEREST OF PROPERTY DESCRIBED HEREIN FOR A PORTION OF THE DINKINS BAYOU TO CLAM BAYOU TIDAL RESTORATION PROJECT; AUTHORIZING THE EXERCISE OF THE CITY OF SANIBEL S POWER OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY FOR PUBLIC USE OR PURPOSE; DETERMINING THAT IT IS NECESSARY TO PERFORM A PUBLIC PROJECT BY CONSTRUCTING A CULVERT AND DRAINAGE FACILITY WITHIN THE DESCRIBED PROPERTY AND UNDER SANIBEL-CAPTIVA ROAD AS PART OF THE TIDAL RESTORATION PROJECT; SETTING FORTH THE PUBLIC PURPOSE AND PUBLIC NECESSITY OF SUCH PROJECT; DESCRIBING BOUNDARIES OF THE PROJECT; Page 2 of 8

3 DETERMINING THAT THE ACQUISITION OF SUCH PROPERTY IS FOR A PUBLIC PURPOSE AND IS NECESSARY TO ACCOMPLISH THAT PURPOSE; AUTHORIZING AND DIRECTING APPROPRIATE STAFF TO COMMENCE GOOD FAITH PRE- LITIGATION NEGOTIATION PROCESSES; AUTHORIZING LEGAL COUNSEL TO INSTITUTE CONDEMNATION PROCEEDINGS FOR PROPERTIES THAT CANNOT BE PURCHASED THROUGH PRE- LITIGATION NEGOTIATIONS; AND PROVIDING AN EFFECTIVE DATE. 8. BOARDS, COMMITTEES AND COMMISSIONS a. Report by the Planning Commission regarding the Annual Review of the Land Development Code Permitting Process. (John Dillon) 12:00Noon to 2:00 P. M. EXECUTIVE SESSION RELATING TO UNION NEGOTIATIONS. In attendance shall be only the following persons: 9. OLD BUSINESS Sanibel City Council Sanibel City Manager Judie Zimomra Sanibel City Attorney Kenneth Cuyler Jim Isom, Manager of Administrative Services Wayne Helsby, Labor Counsel (Allen, Norton & Blue) Renee Lynch, Finance Director a. Request for approval of Causeway Boulevard design. (Bruce Rogers & Gates Castle) b. Approval of the recommendation for the top-ranking firm for the proposed recreation facility construction manager. c. RESOLUTION ADOPTING AND ESTABLISHING A REVISED SCHEDULE OF RATES, FEES AND CHARGES FOR THE SANIBEL SEWER SYSTEM; AND PROVIDING EFFECTIVE DATE. 10. NEW BUSINESS a. RESOLUTION OF THE SANIBEL CITY COUNCIL REQUESTING THAT THE LEGISLATIVE Page 3 of 8

4 DELEGATION INTRODUCE AND SUPPORT AN AMENDMENT TO SECTION , FLORIDA STATUTES, ENTITLED FEEDING OR ENTICEMENT OF ALLIGATORS OR CROCODILES UNLAWFUL; PENALTY, IN ORDER TO INCREASE THE PENALTY SET FORTH IN SUBSECTION (3) FROM A SECOND DEGREE MISDEMEANOR TO A THIRD DEGREE FELONY; AND PROVIDING AN EFFECTIVE DATE. 12. CITY MANAGER'S REPORT a. Informational items: 1. Update on Alligator Management Program. 2. FY Audit and Financial Condition Assessment by Marty Redovan, CPA Schultz, Chaipel and Company. 3. Community Housing Resources (CHR) Annual Report. 4. Update regarding Library Interlocal Agreement negotiations. 5. Status of Agreement with Sanibel Community Association (SCA). 13. CITY ATTORNEY'S REPORT. 14. COUNCILMEMBERS' REPORT. 15. PUBLIC COMMENT. 16. 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 SHOULD CONTACT JIM ISOM, MANAGER OF ADMINISTRATIVE SERVICES NO LATER THAN ONE DAY PRIOR TO THE PROCEEDINGS AT (239) FOR 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 . Citizens wishing to receive a copy of the agenda via may do so by visiting the City s website at Additionally, citizens may register to receive City announcements such as press releases Page 4 of 8

5 Prior to requesting the agendas, the website reminds citizens that all addresses and requests submitted to the City are public information and governed by the applicable Florida Statute. HORIZON UPCOMING IMPORTANT DATES August 19 to 21, 2004 Florida League of Cities Conference Westin Diplomat Resort Hollywood, Fl. September 06, 2004 Labor Day City Hall Closed September 07, 2004 RESCHEDULED TO SEPTEMBER 11, 2004 September 11, 2004 First Budget Public Hearing McKenzie Hall 9:30 a. m. September 21, nd Budget Public Hearing MacKenzie Hall 5:01 p. m. October 05, 2004 October 19, 2004 October 29, 2004 Joint City Council/Planning Commission Meeting Page 5 of 8

6 November 02, 2004 HORIZON UPCOMING IMPORTANT DATES November 16, 2004 November 25 & 26, 2004 Thanksgiving Day & Day After City Hall Closed December 07, 2004 December 21, 2004 MacKenzie Hall 9:00 a.m. December 24, 2004 City Hall Closed in Observance Of Christmas December 25, 2004 Christmas Day December 31, 2004 City Hall Closed in Observance Of New Years Day Page 6 of 8

7 As approved on 10/15/02 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. 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 5 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. Everyone 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. Page 7 of 8

8 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. Page 8 of 8