SANIBEL CITY COUNCIL REGULAR MEETING APRIL 17, 2007

Transcription

1 SANIBEL CITY COUNCIL REGULAR MEETING APRIL 17, 2007 Mayor Denham called the meeting to order at 9:00 a. m. Mayor Denham gave the Invocation and led the Pledge of Allegiance. PRESENTATION(S) Proclamation proclaiming April as Water Conservation Month Councilman Pappas read and presented a proclamation to Island Water Association (IWA) and to the South Florida Water Management District (SFWMD). Sally MacPherson accepted the proclamation on behalf of the SFWMD and spoke to the extremely dry season. Recognition of Employee of the 2 nd Quarter Councilman Ruane announced the Employee of the 2 nd Quarter was Officer Dave Jalbert. Recognition of Utilities employee Ray Stidham upon his retirement Mayor Denham read and presented a proclamation and a Luc Century vase to Mr. Stidham due to his retirement from the City. Sandy Larsen spoke to Mr. Stidham s retirement and his work with the City of Sanibel. Councilman Jennings spoke to Mr. Stidham s work with the City. Public Comments Joel Ospa representing the Bike Club speaking to the latest Police Department statistical report not giving the full report of what was happening on the Shared Use Paths. He further spoke to safety issues and numerous incidents on the paths. Ms. Zimomra spoke to the authorized Shared Use Path Study that Council would receive in May, which would include a number of safety recommendations. She asked when violations were observed a call should be placed to the Police Department so that proper action could be taken. She also spoke to staff reviewing the design issues of the paths. Judy Minchie spoke to public participation at the Tourism Development Center (TDC) meeting last Friday, April 13, Council Comments Councilman Ruane made a motion, seconded by Councilman Jennings, to excuse Vice Mayor Johnston. Discussion ensued regarding excusing a Councilmember from a meeting, and Councilman Jennings spoke to the seriousness of attending Council meetings. The motion carried. Councilman Ruane spoke to the shooting at Virginia Tech and the difficult time for those families affected. Sanibel City Council Regular Meeting 1

2 Councilman Jennings spoke to the lasting effect of violent acts perpetrated at educational institutions. He also thanked the City Manager for her work in receiving grant money from TDC. Councilman Pappas spoke to the frustration expressed by the Bicycle Club. He also asked the City Attorney to explain excusing a Councilmember from a Council meeting. Mr. Cuyler spoke to the following: Council asked to excuse a member and then asked to participate in the meeting by phone The Attorney General issued opinions that as long as there was a quorum present in Council Chambers a member could participate by phone provided Council determines that there were extraordinary circumstances, i.e. sickness, scheduling problem Councilman Jennings opinion in the past that a vacation was not an extraordinary circumstances Discussion ensued regarding no one requesting to be on the phone, Mr. Cuyler stated that Councilman Jennings was interested in the issue, any consequence of not excusing a Councilmember from a meeting, Mr. Cuyler answered that if a member wanted to participate by phone that would be disallowed, he further stated Council would make the decision and Council would excuse or not excuse any Councilmember. Mayor Denham stated that in a previous discussion at the last Council meeting the Vice Mayor requested to attend the meeting and Council had approved the attendance. CONSENT AGENDA Ms. Zimomra requested the item (b) be held for 8 weeks while staff works with the Chamber. Council agreed. b. Reject bid received from Norstar Construction, Inc., in the amount of $126, for the Chamber of Commerce restroom upgrade d. RESOLUTION APPROVING BUDGET AMENDMENT/TRANSFER NO AND PROVIDING AN EFFECTIVE DATE (to move $3,648 from the General Fund reserve for insurance deductibles line item to the Police Department Insurance line for the payment of claims, to satisfy claim #VA from the Florida Municipal Insurance Trust (FMIT), as described in the attachment. A City police vehicle was involved in an accident on Periwinkle Way on March 15, The City was reimbursed 75% of the damages assessed, $9,454.98, plus 75% of the collision deductible, $325. Based on comparative negligence determination by FMIT, the other insurance company was reimbursed 25% of the damages) e. RESOLUTION APPROVING BUDGET AMENDMENT/TRANSFER NO AND PROVIDING AN EFFECTIVE DATE (to add $4,995 to t he Sewer Fund resulting from an insurance payment from GEICO Insurance Company. On November 15, 2006, a Ft. Myers resident with automobile insurance coverage with GEICO ran into lift station #60 and caused estimated $5,000 damage. A request for settlement for the damages was submitted to GEICO that will forward a check to the City upon receipt of a notarized property damage release from (attached). Approval of the budget amendment authorizes the City Manager to sign the property damage release form. This amendment will increase the FY07 budget for the additional funds of $4,995) g. RESOLUTION APPROVING BUDGET AMENDMENT/TRANSFER NO AND PROVIDING AN Sanibel City Council Regular Meeting 2

3 EFFECTIVE DATE (to transfer $17,550 from the General Fund Reserve for contingencies line to the Community Park Fund Improvements other than buildings line to pay for the cost of having LCEC place the electric service underground at Community Park. There are no new or additional funds budgeted by this amendment but the amount of funds available in the General Fund Reserve for contingencies line will decrease to $190,406) h RESOLUTION APPROVING BUDGET AMENDMENT/TRANFER NO AND PROVIDING AN EFFECTIVE DATE (to transfer $69,060 from the Hurricane Charley Debt Service Fund to the Hurricane Charley Special Revenue Fund to replace damaged drywall, fans and lights in the B. I. G. Arts common area per FEMA project worksheet #2983-0, reimbursed in FY2006. Although no new funds are being appropriated, the annual budget will increase by $87,544 for this amendment, due to the effect of interfund transfers) i. RESOLUTION APPROVING BUDGET AMENDMENT/TRANSFER NO AND PROVIDING AN EFFECTIVE DATE (to transfer $1,225 from the General Fund Reserve for environmental initiatives line to the Natural Resources Department Operating supplies line to pay for the cost of camera equipment for use on algae research. There are no new or additional funds budgeted by this amendment) j. RESOLUTION APPROVING THE RELOCATION OF VAULT STRUCTURES, INC. S TEMPORARY CEMENT OPERATION FROM ITS CURRENT LOCATION ON U.S. FISH AND WILDLIFE SERVICES PROPERTY (A/K/A THE GAVIN S HOMESTEAD SITE) AT 2666 SANIBEL-CAPTIVA ROAD TO THE CITY OF SANIBEL S WASTEWATER TREATMENT PLANT PROPERTY LOCATED AT 2222 WULFERT ROAD, AND DETERMINING THAT THE RELOCATION AND SITING OF SAID TEMPORARY CEMENT OPERATION IS A CITY EXEMPTED PROJECT; AND PROVIDING AN EFFECTIVE DATE k. RESOLUTION APPROVING BUDGET AMENDMENT/TRANSFER NO AND PROVIDING AN EFFECTIVE DATE (to appropriate the donation of $163,000 of Lee County grant funds from Sanibel Beautification, Inc., as a member of the Periwinkle Partnership, for the restoration of Periwinkle Way. The Periwinkle Way Partnership will provide another $163,000 in matching funds for this project. Approval of the budget amendment will authorize the City Manager to execute the attached agreement with Periwinkle Partnership for administering the funds. This amendment will increase the FY07 budget for the additional funds of $326,000) l. RESOLUTION OF THE CITY OF SANIBEL OPPOSING HOUSE BILL 957 KNOWN AS THE CONSUMER CHOICE ACT OF 2007 (H529), URGING FLORIDA LEGISLATIVE REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO H529, REQUESTING GOVENOR CRIST TO ADVISE THE HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT SUPPORT H529 DURING THE 2007 REGULAR SESSION AND DIRECTING THAT THIS RESOLUTION Sanibel City Council Regular Meeting 3

4 BE FORWARDED TO FLORIDA GOVERNOR CRIST, THE LEE COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF EACH MUNICIPALITY IN LEE COUNTY, THE LEADERSHIP OF THE FLORIDA LEAGUE OF CITIES AND EACH MEMBER OF THE LEE COUNTY BOARD OF COMMISSIONERS; AND PROVIDING AN EFFECTIVE DATE Ms. Zimomra read the titles of Resolutions , , , , , , , and Councilman Jennings made a motion, seconded by Councilman Ruane, to adopt Resolutions , , , , , , and The motion carried. a. Approval of minutes February 20, 2007 Regular Meeting, March 06, 2007 Regular Meeting and April 03, 2007 Regular Meeting c. Award 2007 Street Resurfacing Phase 1 contract to Driveway Maintenance, Inc., in the amount of $208, and authorize the City Manager to execute the contract f. Request from Sanibel Music Festival to hold the festival at the Sanibel Congregational Church March 01, 04, 08, 11, 15, 18, and March 25, 2008 m. Authorize the City Manager to enter into negotiations with the staff recommended telephone consultant for the Recreation Facility Councilman Ruane made a motion, seconded by Councilman Pappas, to approve items (a), (c), (f) and (m). The motion carried. Planning Commission Report Chairman Valiquette gave the following report of the April 10, 2007 Planning Commission meeting. Consideration of a resolution to deny accessory boat dock on Angel Drive and denied Hearing for 2-year extension for 1881 Periwinkle Way development was approved Discussed the joint meeting Discussed Planning Commission schedule and meetings would be held May 9 th, May 22, June 26, July 10 and August 28 th Mayor Denham advised that the Joint City Council and Planning Commission meeting would be Wednesday, May 09, 2007 at 2:00 p.m. OLD BUSINESS Water Quality Issues Reports from City Councilmembers Mayor Denham gave the following report: By the end of September Council would have established an action plan for the removal of red drift algae Staff taking a wide range research for a variety of equipment and action to be taken by Council Sanibel City Council Regular Meeting 4

5 Progress report from staff on a regular basis Lee County and the City had decided to work cooperatively to participate in a study for red drift algae Evaluations completed in the next 3 to 4 months Public Comment: Judy Minchie spoke to the public perception and visitors not wanting to return. She further spoke to her conversation with Commissioner Janes regarding business on the island decreased. Sonia Smith, CASI spoke to receiving 5 proposals to take the algae off the beach and how the proposals were made. Mayor Denham stated that all the suggested were being completed and RFQ s were sent out, as well as speaking with other coastal communities. He further stated that Council s direction to staff was similar to those suggestions made by Dick McNeill at the March 20 th Council meeting. Discussion ensued regarding Council having a plan in place for the red drift algae removal by the end of September, the need for a trigger to clean the beach sooner, Councilman Jennings wants mechanical cleanup as soon as algae appears on the beach, Council always spoke to either the first of September or end of October for a plan, pursuing a variety of alternatives, solution would be tested on the beach, testing would not be a public spectacle, Councilman Jennings ask to have test sites at Algiers Beach and Lighthouse Point, Council would make that decision when staff gives their report, approved the staff trip to Hawaii for evaluation of equipment, past discussion to have a special session for informational purposes, sent out another water newsletter, Sanibel an environmental conscience community, Council asking for public patience and would not do anything that would injure the environment, staff working toward a solution in a time table put forth by Council, can t be positive to win the battle against nature, do not want to treat Sanibel beaches as Naples treats their beaches as they clean by sterilizing their beaches, algae a natural phenomenon, majority of islanders want the algae off the beach, need to remove if there was only a few inches, consider removal if there was a foot or more, complete removal to costly, may be easier to pick-up a few inches rather than a foot, Councilman Jennings support complete removal, citizenry should not expect Council to play the role of oceanographer or scientist, and would like to add Donax to the list of areas to check for algae each morning. Public Comment: Rob Jess thanked Councilman Pappas for his comments. He spoke to the need to utilize the experts on the island to make recommendations. Herb Rubin spoke to being acutely aware of the nature and purpose of Council. He further spoke to Council s need to deliberate and discuss issues without not getting involved in the day-to-day operations of the City. Claudia Burns spoke to her volunteering for the Snowy Plover nesting and Sea Turtle nesting Programs. She further spoke to both nests were on Sanibel due to Sanibel Island uniqueness and numbers of both species decreasing Karen Storjohann spoke to reminding the public that the Sanibel Plan did not allow mechanical equipment on the beach. Dick Walsh spoke to taking staff and the Red Drift Algae recommendations and make a decision. Ann Yarnell spoke to Councilman s Pappas comment on the fracture of the island and the need to heal the fracture being important. Councilman Jennings spoke to the need to pick-up algae when there was at least 2 inches of algae on the beach. He further stated that his understanding was that staff would not take the algae off the beach until it Sanibel City Council Regular Meeting 5

6 was at least a foot deep. He also stated that staff be allowed to make the decision of when to remove the algae. Ms. Zimomra stated that in October/November staff brought a draft trigger to Council and Council did not approve a trigger. She further stated that Council did approved authority at the time because Algiers Beach was having the heaviest accumulation and if there was equipment testing Council gave authority to do the testing at Algiers Beach. She further stated that there needed to be a balance of testing where the most accumulation of algae was located. She explained that staff would be working under experimental conditions and not under a certain trigger. She further explained that one of the determinations Council would make by September would be re-evaluating that trigger. She stated that years ago Council adopted a policy that said when fish were at the level of 1 fish per foot the staff had the authority to go on the beach and collect the fish. She also spoke to the need for Council to have an action plan with a trigger to establish when clean-up would begin. Discussion ensued regarding that there hope in the fall that the red drift algae would not be here for any duration, last fall Council consensus was that it was premature to begin raking and establishing a trigger, Councilman Jennings asked if the City Manager had the understanding that if there was 3 or 6 inches of algae on the beach staff would pick-up the algae, Ms. Zimomra stated that Council previously gave staff permission to experiment at Algiers Beach prior to the nesting season. She also stated that staff would be bringing back to Council a schedule for a proposed plan for clean-up in September. Mike Valiquette spoke to PURRE had not taken a public stand on the removal of algae, but the mission was to find the cause of the algae. He stated that the State of Florida working together with NOAA was in the process of reclassifying red drift algae as a HAB harmful algal bloom for the purpose to fund for research. Mayor Denham spoke to Council very involved in the water issues and his activities were as follows: Chairman of the Lower West Coast Water Basin Committee set up by the Regional Planning Organization Focus on issues of pollution on the waterways other than water coming from Lake Okeechobee Council should focus exclusively on issues within Sanibel Committee prepared a resolution for the 6 counties on fertilizer similar to Sanibel s ordinance Every legislator in Tallahassee was given the resolution Next meeting Thursday, April 19 and next resolution focusing on sewer treatment plants on the Caloosahatchee River prepared by the Lee County DEP personnel Chair of each commission within the 6 counties receives a copy of the draft resolution Staff reviewed the resolution Next attack would be on package treatment plants (smaller sewer facilities) Storm water run-off and septic treatment facilities upcoming Meeting Friday, April 13 and 41 people from the Green Industry (fertilizer) attended Conference call from Tallahassee to put a pre-emptive action on fertilizer Councilman Jennings spoke to: Mayor of Bonita Springs has expertise on fertilizer Changes by legislators changing home rule Beach Status Current Beach conditions and follow-up Report from Natural Resources Department Staff Reports Ms. Zimomra stated that the general report from staff in Hawaii had been extremely busy and productive. She further stated the staff report would be on the May 01 Council agenda. She further stated that staff was continuing to look for funding. Sanibel City Council Regular Meeting 6

7 Mayor Denham spoke to Ms. Downing, Environmental Biologist attending a meeting with scientist from around the state on May 03. He also spoke to the approved partnership between Lee County staff and City staff. He also spoke to the construction of a large reservoir C-43 for Lake Okeechobee without an STA, the ability to clean water before released in to the Caloosahatchee River and its estuaries. He further explained that the STA was a filter marsh created to clean the water, which would also be a bird sanctuary. RESOLUTION OF THE CITY OF SANIBEL, FLORDA, EXPRESSING SUPPORT FOR HOUSE BILL 1816, ESTABLISHING THE RESTORING THE CALOOSAHATCHEE RIVER; A LEGACY FOR FLORIDA ACT: AUTHORIZING A WATER QUALITY COMPONENT TO THE C-43 RESERVOIR PROJECT THROUGH THE CONSTRUCTION OF CONSERVATION AREAS TO NATURALLY FILTER AND REDUCE THE LEVEL OF HARMFUL NUTRIENTS THAT FLOW INTO THE CALOOSAHATCHEE RIVER FROM LAKE OKEECHOBEE FRESHWATER DISCHARGES DURING PEAK RAINY SEASONS, AND TO IMPROVE THE OVERALL HEALTH OF THE CALOOSAHATCHEE RIVER AND IT S ESTUARY; AND PROVIDING AN EFFECTIVE DATE Ms. Zimomra read the title of Resolution Councilman Ruane made a motion, seconded by Councilman Pappas to adopt Resolution The motion carried. Council recessed at 10:57 a. m. Council reconvened at 11:09 a. m. Update regarding the Periwinkle Way Partnership, Phase II Big Tree and Native Planting Palm Ridge Road/Periwinkle Way Blue Sky Preserve Ms. Zimomra spoke to the multi-year restoration of Periwinkle Way with the first phase in of large trees in 2006 funded by the Forestry Department with matching funds from Sanibel Beautification. She further spoke to using native vegetation and all plants were planted during the rainy season. She explained that other plantings were being funded by Sanibel Beautification, SCCF and Lee County at the intersection of Lindgren and Periwinkle Way and the Blue Sky Preserve. She further explained that the focus was scaled back due to the Periwinkle Way Shared Use Path construction. She stated the bids would be opened in May and the project would be completed before next season. Public Comment: Karen Storjohann spoke to her request of an agenda item of how the trees were being planted against the Arbor Day planting suggestions. She spoke to her concern of healthy trees as the trees grow within the space allotted. Ms. Zimomra stated the placement of trees was a joint project between Public Works and Natural Resources Departments. She further stated that a plan called Striving for Life was used that would allow a canopy to grow. She also stated she would check with staff to make certain trees would not impede business locations by working with the adjoining property owners. Discussion ensued regarding observing tree plantings, the purpose of plantings was to enhance, Ms. Zimomra stated the comments would be taken under advisement and a report would be made at the next Council meeting. Sanibel City Council Regular Meeting 7

8 Recreation Center Security access for Recreation Facility Ms. Zimomra stated that there was a live camera for people to go to the website to see construction first hand. She spoke to receiving several responses from RFQ s. She also spoke to receiving phone calls regarding the recent shootings at Virginia Tech. She explained the final color palette would be before Council. Chief Tomlinson and Stuart Pope, Construction Manager spoke to the following: Reviewed several types of equipment Recommending a system that had 32 cameras with recording ability Allow for growth Allows the monitoring of individual cameras if necessary Comprehensive plan that monitors the parking facility and every place the public had access Provide security at an adequate level Discussion ensued regarding the placement of cameras, Chief Tomlinson stated the cameras would be set for focus, but would have zoom ability, control area would have the ability to log on for observation and equipment would be on-site, images would be digitally recorded for 20 days, Ms. Zimomra stated that this recommendation included the access system for the facility as well as the security system and video monitoring, response time would be immediate due to an officer assigned to the Sanibel School daily, and other response time for officers would be no more than 5 minutes. Councilman Jennings made a motion, seconded by Councilman Ruane, to approve the security/access system. The motion carried. Approval of Final Pool Color Palette Discussion ensued regarding a lighter blue for the pool coping, the new pool being 25 yards, the old pool was 25 yards, lanes striped so he swimmer would see the lanes during competition, pool constructed as to not allow water slapping up against the pool back in to the face of the swimmer, After discussion and review of the color palette Council agreed to use the dark navy blue. Councilman Pappas spoke to the new Recreation Facility being the premier place to go and the need to concentrate less on parks. Public Comment: Claudia Burns spoke to a pair of Ospreys nesting at San-Cap Road and the Recreation Center. She asked if the City could make a platform for nesting. Ms. Zimomra called Council s attention to all the informational items under the City Manager s report in the agenda packet. CITY MANAGER Informational Items Status report on Zone 3 Brazilian Pepper Eradication Program March, 2007 Code Enforcement Activity Report February Building Permit Activity Report Sanibel City Council Regular Meeting 8

9 Mid-year statistics for the Administration and Legislative Departments Status of Employee Recruitment Matrix of Advisory Committees recommendations Development Permit Activity Report for March, 2007; Second quarter Permit Application Comparison Chart FY 2005/2006 to FY 2006/2007 and 6-month Mid-year Financial Report Discussion ensued regarding revenues being in excess of the expenditures, insurance adjustments over budget, Ms. Zimomra stated that staff was working on addressing adjustments and deductibles were increased to decrease the insurance, she spoke to beach parking and obtained $298,000 grant from the Tourism Development Council (TDC) for this year operating budget, parking revenues were flat and the reason was 1) insurance costs; 2) increase in the indirect cost; and 3) ineligible expenses for TDC funding increase dramatically, such as the increase police presence at Lighthouse Beach after the death at that location, overlaying issue of permits and a trend of single-family permits decreasing, vacancies in the Building Department that were not being actively filled and adjustments in fees as permits decrease, expenditures for Shared Use Paths include the budgeted improvements to Periwinkle Way, Baileys and Rabbit Road including the bridges, and Council asked the City Manager to bring back the expenditures for the Shared Use Paths to improve safety. CITY ATTORNEY'S REPORT Mr. Cuyler spoke to the election question raised by Council at the April 03 City Council meeting of possibly changing general election to November of odd or even years and the correspondence as follows: Supervisor would agree to a November municipal election in odd years Could change the election date by ordinance Terms would need to be extended from March until November Oppose to municipal election in November of even years Discussion ensued regarding the Lee County Supervisor not allowing elections in the even November years, and contact the Supervisor of Elections to see why elections could not be held at the general state and federal elections. COUNCILMEMBERS' REPORT Councilman Pappas spoke to his meeting with Commissioner Janes. Councilman Ruane spoke to his meeting with Chairman Janes, Mr. Janes term up in 2009 and knew that the Cape Coral Mayor would be running against him, reminded Discussion ensued regarding Mayor Denham speaking with Chairman Janes regarding the placement of the weigh station, Council members should speak with other Sanibel City Council Regular Meeting 9

10 commissioners, Councilman Ruane offered to speak with other commissioners, staff should speak with Lee County staff regarding the weigh station, staffs do not see eye-toeye, if district representative not willing to bring forward other Commissioners take that as no agreement, Councilman Ruane should speak with other commissioners, the Mayor should be speaking with other commissioners, and Mayor Denham stated he was willing with the City Manager assistance in gaining appointments. Council agreed. PUBLIC COMMENT Councilman Jennings spoke to the need for planning at the school for security. Ms. Zimomra spoke to a past letter from the school and written recommendations to the principle. Councilman Pappas spoke to the reduction status of red drift algae announcement mentioned by Mike Valiquette. Dick McNeill spoke to the position paper he brought forward and that the number of people behind the paper had increased. He spoke to 5 reasons for the increase support. Mounting concerns People feel the paper is well thought out People feel it is written in a constructive manner Paper clearly demonstrate sensitivity to environment People want their voices heard Dick Walsh spoke to possible pre-empting of local fertilizer ordinances in Tallahassee and suggested drafting a letter to legislators regarding the proposed pre-emption. Mayor Denham spoke the City s lobbyist, League of Cities lobbyist and DEP lobbyist regarding the proposed pre-emption. Mr. Cuyler stated that he wanted to make certain that Council agreed for the Mayor to send a letter regarding the proposed pre-emption if necessary. Council agreed. Judy Minchie asked if the Red Drift Algae Task Force was meeting. Ms. Zimomra stated that every piece of paper from the Red Drift Algae Task Force was posted on the website, only technical advice and review provided, staff would make recommendations, and all members a biologist, scientist and engineers. She explained that the beach raking RFQ s would be in mid-may and mechanical equipment testing in June. Sanibel City Council Regular Meeting 10

11 Brad Lear spoke to his understanding that the task force would come to a Council meeting for questions and answers. Mayor Denham stated that the City Manager would be making updates. Karen Storjohann asked if the information about red drift algae be placed on the website. Mayor Denham stated that a report would be on the next Council meeting and allow Council to get a copy and review. There being no further business the meeting was adjourned at 12:30 p. m. Respectfully submitted by, Pamela Smith, CMC City Clerk Sanibel City Council Regular Meeting 11