SANIBEL CITY COUNCIL REGULAR MEETING NOVEMBER 03, 2009
Mayor Denham called to meeting order at 9:05 a.m.
Councilman Jennings gave the Invocation and led the Pledge of Allegiance.
Members present: Mayor Denham, Vice Mayor Ruane, Councilman Harrity, and Councilman Jennings. Councilman Pappas was absent.
PRESENTATIONS City of Sanibel 35th Anniversary Celebration The event is open to the public. The City of Sanibel is celebrating 35 years of incorporation which was approved by the electorate November 05, 1974. Sanibel City Council will be presenting a Proclamation recognizing our founders and honoring those who were citizens of Sanibel at the time of incorporation. Proclamation recognizing the 35th Anniversary of the City of Sanibel’s incorporation Mayor Denham spoke to the 35th incorporation Anniversary.
The following persons spoke:
Dick Muench Melina Askew Jonathan (did not give last name) Sam Bailey Frances Bailey A resident spoke of the role that Porter Goss played in the incorporation. Louise Johnson Hazel Schuller spoke to the founders of the Island Reporter; Don and Grace Whitehead A resident introduced Hazel Ammon Hazel Ammon John Slater’s wife recognized the Sanibel Police Department
Mayor Denham spoke to the new addition to the City’s website called Incorporation Honorees.
Council recessed at 9:24 a. m.
Council reconvened at 9:46 a.m.
Proclamation recognizing the Pride and Patriotism Program to be held at Barbara B. Mann Performing Arts Hall Tuesday, November 10, 2009 Councilman Jennings spoke to the Proclamation. Dr. Eleanor Scricca accepted the proclamation.
Dr. Scricca spoke to the long-standing and positive relationship the Lee County Schools has enjoyed with the City of Sanibel.
Proclamation celebrating “Celebrate Sanibel Week” Vice Mayor Ruane spoke to Celebrate Sanibel a community event. He mentioned that there was 28 business and organizations affiliated with the event.
Mr. Alex Werner spoke to the celebration through out next week. Sanibel City Council Regular Meeting 1 November 03, 2009 Presentation of the Home Rule HERO Award to Mayor Mick Denham by Scott Dudley, Florida League Cities (FLC) Senior Legislative Advocate Scott Dudley, Legislative liaison for the Florida League of Cities. He spoke to Home Rule as a theory and concept to help municipalities and citizens to maintain their government. He further stated he was presenting the Home Rule Hero Award as an elected official that puts a face and traveled to Tallahassee for important issues affecting Sanibel and other municipalities.
Mayor Denham spoke to home rule advocacy being a team effort. He also stated that Councilman Jennings also played an important part in advocating Sanibel legislative issues such as fertilizer and water quality. He explained the Healthy Beach Program legislation was adopted on the second event.
Mayor Denham advised that he and Mr. Dudley toured the Lee County recycling center.
Ms. Zimomra stated that she spoke to Councilman Pappas called to say that he would not be in attendance for today’s Council meeting.
Councilman Jennings spoke to Councilmembers’ involvement at meetings.
Public Comments Herb Rubin spoke to the turn-out for the 35th Anniversary.
Barry Roth spoke to opportunities at the Recreation Center. He also presented a check to Council in the amount of $10,000.
Chap Vail spoke to access to the water on Sanibel and the removal of Bailey Road water access. He suggested tagging with a C sticker.
Ms. Zimomra stated that was a serious problem of vehicles and golf carts blocking entrance and would make adjustments, clearly posted for non-motorized water craft. She further stated that staff would restore the launch and there had been environmental problems
Council Comments Councilman Jennings spoke to the 35th Anniversary and congratulated Mayor Denham.
Vice Mayor Ruane spoke to Council comments on 86-43 at the last Planning Commission as Council liaison. He asked that the personal attacks cease and understand there were be difference of opinion. He suggested a start-off meeting with the Planning Commission on items to come before Council, and a mid- year discussion meeting. He further spoke to information on yahoo of slow recovery areas and the highest being Nevada, Michigan, California and the Florida. He also stated it was important to understand revenues sources.
Mayor Denham spoke to an article in Forbes magazine that Florida was using stimulus funds to balance the budget rather than using the funds to generate employment. He further stated that the State was putting off issues that would need to be addressed at the 2010 legislative session. He also stated that Florida was rated last in the use of the stimulus funds.
Councilman Harrity spoke to an article today on foreclosure. He further stated that Council was aware of the issues and would be addressing all issues.
Planning Commission Report Commissioner Holly Smith gave the following report of the October 27, 2009.
Vice Mayor Ruane gave the Council report
Sanibel City Council Regular Meeting 2 November 03, 2009 Approval of the adoption of a development permit to construct a single story of a medical center and commercial building Discussion meeting dates for November and December
Second Reading and Public Hearing ORDINANCE 09-012 AMENDING THE PENSION PLAN FOR THE CITY’S POLICE OFFICERS; AMENDING SECTION 50-92, NUMBER, APPOINTMENT, TERM; AMENDING SECTION 50-132,INVESTMENTS; AMENDING SECTION 50-220, DEFINITIONS; AMENDING SECTION 50-315, REVOCATION OR CHANGE OF ELECTION; AMENDING SECTION 50-356, MAXIMUM BENEFIT AMOUNT, BY DELETING THE LANGUAGE IN ITS ENTIRETY AND REPLACING IT WITH A NEW SECTION 50-356, TITLED “INTERNAL REVENUE CODE COMPLIANCE”; PROVIDING FOR COMPLIANCE WITH CHAPTER 2009-97, LAWS OF FLORIDA; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AS EFFECTIVE DATE Ms. Zimomra read the title of Ordinance 09-012. She stated that Council’s request for an actuarial study and was included in the packet.
Mr. Cuyler, City Attorney explained the following:
To bring the plan into compliance with federal regulations Changes trustee terms from 2 years to 4 years
Vice Mayor Ruane moved, seconded by Mayor Denham, to adopt Ordinance 09-012.
Public Comment None
Discussion ensued regarding
The motion carried. Councilman Pappas was absent.
CONSENT AGENDA Vice Mayor Ruane requested that item (b) be pulled for discussion. a. Request from Sanibel Community Association (SCA), 2173 Periwinkle Way for 60 additional Special Events permits for 2010 c. Determination that Comcast Commercial Services, LLC constitutes a sole source of data services to the City of Sanibel and waiver of bid requirements Vice Mayor Ruane moved, seconded by Councilman Jennings, to approved Consent Agenda items (a) and (c).
The motion carried. Councilman Pappas absent.
Council decided to discuss the following:
OLD BUSINESS Upcoming Legislative Issues
Sanibel City Council Regular Meeting 3 November 03, 2009 December 1, 2009 State Senator Richter with the meet and greet beginning at 8:30 a.m. Rescheduled to December 01, 2009 Representative Gary Aubuchon with the meet and greet beginning at 8:30 a.m. Ms. Zimomra stated that both Senator Richter and Representative Aubuchon would be present at the December 01 Council meeting. She also reminded Council and the public that both would be in Sanibel beginning at 8:30 a.m.
December 15, 2009, Local Lee Delegation meeting, 10:00 a.m., Edison State College; City Council meeting canceled Legislative Watch List Ms. Zimomra reminded Council that the Council meeting was canceled so that Council could attend the Legislative Delegation meeting.
City of Sanibel’s position regarding boat mooring dated October 16, 2009 to the Florida League of Cities (FLC) Mr. Cuyler stated he received an email from Mr. Dudley regarding receiving City comments.
Request from Florida League of Cities (FLC) for input on the 2010 proposed policy statements Ms. Zimomra stated that FLC requested comments from Mayor Denham, but Mayor Denham wanted to get Council’s input, therefore an extension was given until November 06, 2009.
Mayor Denham asked for Council’s concurrence with the comments in the agenda packet.
Council agreed to have Mr. Cuyler draft a response.
Public Comment Rae Ann Wessel spoke to working with City staff regarding water classifications. She also spoke to the proposed designated use system as follows:
Take all waters and create a new matrix with 7 human uses and 4 aquatic uses Creates 4 uses that would not be adequate for human content Of the 4 aquatic uses, 3 detail degraded standards Process de-emphasize source controls DEP stated the idea of source control inefficient & should spend funds on large treatment facilities Water quality protection, enhancement and restoration requires a pay-as-you go system do every piece had to control pollution at it’s source Transfer responsibility to the taxpayer rather than individual Classification maximize degrade water quality De-emphasis source control Taking flexibility away
Mayor Denham spoke to the need for a regional initiative and see if Dr. Loflin reviews proposal.
COMMITTEES, BOARDS, COMMISSION City Council Liaison to Planning Commission
November 10, 2009 Councilmember Harrity November 24, 2009 Councilman Pappas December 8, 2009 Mayor Denham Sanibel City Council Regular Meeting 4 November 03, 2009 December 22, 2009 Councilman Jennings January 12, 2010 Councilmember Jennings January 26, 2010 Councilmember Harrity February 09, 2010 Vice Mayor Ruane February 23, 2010 Mayor Denham March 09, 2010 Councilmember Pappas March 23, 2010 Councilmember Jennings April 13, 2010 Councilmember Harrity Council decided to discuss item (b) on the Consent Agenda as follows: b. Approval of an extension of a contract between the City and Ken Pfalzer not to exceed $30,000 (the hourly rate in this agreement is 15% less than the previous agreement) Jimmy Jordan, Planning Director spoke to the following:
Extend current contract Contract agreed to a 15% reduction and reflected in current contract Staff complied permitting numbers Remodeling number increased As part of Council goals; re-development would required staff time
Council asked for a report to be brought back at the next Council meeting.
Vice Mayor Ruane moved, seconded by Mayor Denham, to table until more information could be provided at the next Council meeting.
The motion carried. Councilman Pappas absent.
CITY MANAGER Informational Items Economic Issues Impacting the City Ms. Zimomra spoke to management staff understands the impact of economic issues. She further stated it was Council’s goal was long-standing financial stability, and staff continues to right-size the organization and there may be more dramatic changes.
Recommendation to reduce ballfield expenditure and request approval to proceed to mow ballfields with contract labor rather than City employees Ms. Zimomra spoke to the following:
October 01 mowing berms 5-years ago contracted help would not come to Sanibel With unemployment just under 14% staff was able to receive quotes to use contract help Re-locate the 2 employees to current vacancies as outlined in the memorandum Bring the school personnel in for additional meetings Staff recommends the change be made for a month to month contract Met with employees and labor board No reflection on quality of work, but the economy
Discussion ensued regarding the continuance of looking at opportunities, pivot when necessary, and move in the direction of more contract work.
Vice Mayor Ruane moved, seconded by Mayor Denham, to proceed with contract.
Sanibel City Council Regular Meeting 5 November 03, 2009 The motion carried. Councilman Pappas was absent.
H1N1 Flu Update Ms. Zimomra advised that nearly 700 people received vaccinations.
4th Quarter Financial Report for the Sanibel Museum and Village, Inc. Ms. Zimomra noted this report was provided as required by the agreement.
Student Government Day Ms. Zimomra noted that Vice Mayor Ruane would be attending a TDC meeting and Mayor Denham would be out of town. She asked if the remaining Councilmembers would be available.
Discussion ensued regarding Councilman Jennings and Councilman Harrity would be in attendance.
Request from Jennifer Hecker, Natural Resources Policy Manager for the Conservancy of Southwest Florida to schedule 1 hour appointments with each Councilmember Ms. Zimomra noted that Ms. Heckler had requested meetings with Councilmembers.
Council decided to allow individual appointments.
Ms. Zimomra stated that Gates Castle, Public Works Director and Dr. Rob Loflin, Natural Resources Director would be available. She further noted that the City Clerk would coordinate appointments.
Public Comments Barbara Cooley spoke to her husband having a condition that necessitated his getting the vaccination and could City staff ask that Sanibel be given another day of vaccines.
Ms. Zimomra stated there was a debriefing and every effort would be made to have another clinic and residents should be aware of other sites.
September, 2009 Causeway count Information only
CITY ATTORNEY'S REPORT None
COUNCIL MEMBERS' REPORT Councilman Jennings spoke to the HINI vaccine clinic worked well. He also spoke to the stock market and his concern regarding SFWMD funds that may be being interrupted by the economy and state legislators. He also noted his concern of understanding how SFWMD funding through the State.
Mayor Denham suggested that Councilman Jennings may want to speak with Charles Duaray, SFWMD Board member, and bring information back at a Council meeting.
Ms. Zimomra agreed to get the information to Council regarding the amount of grants the City had received in SFWMD grants.
Mayor Denham asked if Vice Mayor Ruane would be the Sanibel representative for a helicopter ride with Lee County on November 05 regarding the current algae bloom.
Ms. Zimomra suggested that Dr. Loflin would also be able to go along, if necessary. Sanibel City Council Regular Meeting 6 November 03, 2009 Public Comment Jim Lavelle spoke to receiving tax bill and noticed that all taxing authorities there was no change with the exception of the City. He further stated there should be a way to get more involved with other taxing authorities. He suggested that the City Manager attend other taxing districts budget meetings.
Council advised that residents could attend other taxing authorities during public hearings, which were announced.
Council announced that there would be an Executive Session beginning at 12:30 p.m.
Council recessed until 12:30 p.m.
Council went in to the Executive Session at 12:30 p.m.
12:30 P M. to 2:30 P. M. EXECUTIVE SESSION RELATING TO AFSCME NEGOTIATIONS (WORKING LUNCH)
In attendance shall be only the following persons Sanibel City Council Sanibel City Manager Judie Zimomra Sanibel City Attorney Kenneth Cuyler Jim Isom, Administrative Services Director Sylvia Edwards, Finance Director Wayne Helsby, Labor Counsel (Allen, Norton & Blue)
Council came back in to open session at 2:30 p.m.
There being no further business the meeting was adjourned at 2:31 p.m.
Respectfully submitted
Pamela Smith, MMC Sanibel City Clerk
Sanibel City Council Regular Meeting 7 November 03, 2009