Mayor/Council Members

James Burch, Mayor

Gloria Tate, District 1

Peter Brandt, District 2

William Deile, District 3

Dolores Bertolini, District 4

Eric Grill, District 5

Timothy Day, District 6

Derrick Donnell, Ed.D. District 7

 

1015 Cultural Park Blvd.

Cape Coral, FL

City Manager

Terrance Stewart

City Attorney

Dolores Menendez

City Auditor

Dona Newman

City Clerk

Bonnie Potter

 

 

AGENDA FOR THE REGULAR MEETING OF THE

CAPE CORAL CITY COUNCIL

 

Monday, August 31, 2009

4:30 PM

COUNCIL CHAMBERS

 

In accordance with the Americans with Disabilities Act and Section of 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty-eight (48) hours prior to the date of the meeting.

 

Persons wishing to address Council under Citizens Input are asked to fill out a Citizens Input Form.  Persons wishing to speak regarding a Consent Item are asked to fill out a Consent Input Form.  These forms are available on the internet at http://www.capecoral.net or on the dais in Council Chambers prior to the start of the Council meeting.            

1.

Meeting called to order by Mayor Burch

 

2.

Invocation - Councilmember Donnell

 

3.

Pledge of Allegiance to the Flag of the United States of America LED BY ANDREA DUCA FROM ST. ANDREWS CATHOLIC SCHOOL

 

4.

ROLL CALL; Mayor Burch, Council Members Day, Deile, Donnell, Grill, Tate, Bertolini, and Brandt

 

5.

Changes to the Agenda/Adoption of Agenda

 

6.

BUSINESS:

 

A

PUBLIC COMMENT - CONSENT AGENDA - A maximum of 30 minutes is set for input of citizens on matters concerning the Consent Agenda; 3 minutes per individual

 

B

CONSENT AGENDA

 

1)

Additional Consent Items

 

a)

Approval and authorization of expenditures of Law Enforcement Trust Fund (LETF) monies for the purchase of night vision optics and sight mounts for use with SWAT Team weapons, Police Department, Dollar Value: $29,000.00 (maximum amount)

 

 

b)

Motion to approve Uniform Collection Agreement with Lee County Tax Collector contingent upon approval of the Lot Mowing Assessment Resolutions, Financial Services, Dollar Value: NA

 

 

c)

Motion to accept the renewal quote to include a two year rate guarantee and a Wind sub-limit of $25,000,000 and authorize the Risk Manager to bind coverage for Property, Liability and Worker's Compensation, through Public Risk Insurance Agency (PRIA) and authorize the Risk Manager and City Manager to execute all necessary documents, Human Resource Department, Dollar Value: $1,900,000.00

 

 

d)

Motion to approve Stormwater Special Master Contract for Jeffrey Satfield and Alternate Stormwater Special Master Contract for Steven Darby, City Clerk,  Dollar Value: $115.00 (per hour amount)

 

 

C

CITIZENS INPUT TIME - A maximum of 30 minutes is set for input of citizens on matters concerning City Government; 3 minutes per individual. (If this Item is Not Reached by 6:30 P.M. it will be Elevated to Next on the Agenda.)

 

D

ADMINISTRATIVE / DISCUSSION ITEMS:

 

1)

Motion to approve the FY 2009-2010 Stray Animal Control Services Inter-local Agreement Amendment with Lee County - Carl Schwing, Assistant City Manager

 

E

PUBLIC INPUT - RESOLUTIONS

 

1)

RESOLUTION 52-09

A RESOLUTION OF THE CITY OF CAPE CORAL, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF CAPE CORAL, FLORIDA; REIMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF CAPE CORAL, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Mayor Burch/Councilmember Bertolini

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES: Annual Solid Waste Service Assessment Resolution which levies user fees in the amount described, to be imposed on certain assessed tax parcels for the ad valorem tax bill mailed in November 2009.

 

 

2)

RESOLUTION 54-09

A RESOLUTION OF THE CITY OF CAPE CORAL PROVIDING FOR THE IMPOSITION OF LIENS FOR DELINQUENT PUBLIC NUISANCE ABATEMENT COSTS; PROVIDING FOR THE PRIORITY OF SAID LIENS; PROVIDING FOR A THIRTY DAY PREPAYMENT PERIOD PRIOR TO RECORDING OF THIS RESOLUTION; PROVIDING A LIMITATION PERIOD FOR CONTESTING THE LIEN; PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Councilmember Bertolini

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES: Provides for the imposition of liens against properties for delinquent public nuisance abatement costs.

 

3)

RESOLUTION 60-09

A RESOLUTION OF THE COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA, RELATING TO THE IMPOSITION OF STORMWATER USER FEES; ESTABLISHING THE AMOUNT OF THE USER FEE; IMPOSING USER FEES AGAINST PROPERTY WITHIN THE CITY TO FUND THE CITY'S STORMWATER PROGRAM; AUTHORIZING THE COLLECTION OF DELINQUENT STORMWATER CHARGES; APPROVING THE STORMWATER USER FEE ROLL; AND PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Councilmember Tate

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES: Annual Stormwater Resolution which levies user fees in the amount described, to be imposed on all tax parcels for the ad valorem tax bill mailed in November 2009

 

4)

RESOLUTION 55-09

A RESOLUTION OF THE CITY OF CAPE CORAL, FLORIDA, RELATING TO THE FUNDING OF LOT MOWING SERVICES WITHIN THE DISTRICT 1 LOT MOWING SERVICE AREA; ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT FOR EACH EQUIVALENT LOT UNIT; IMPOSING ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE DISTRICT 1 LOT MOWING SERVICE AREA; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Councilmember Brandt

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES:  Final resolution imposing assessments for lot mowing services within the District 1 Lot Mowing Service Area; approving the assessment roll and providing for collection of the assessments

 

5)

RESOLUTION 56-09

A RESOLUTION OF THE CITY OF CAPE CORAL, FLORIDA, RELATING TO THE FUNDING OF LOT MOWING SERVICES WITHIN THE DISTRICT 2 LOT MOWING SERVICE AREA; ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT FOR EACH EQUIVALENT LOT UNIT; IMPOSING ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE DISTRICT 2 LOT MOWING SERVICE AREA; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Councilmember Brandt

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES: Final resolution imposing assessments for lot mowing services within the District 2 Lot Mowing Service Area; approving the assessment roll and providing for collection of the assessments.

 

6)

RESOLUTION 57-09

A RESOLUTION OF THE CITY OF CAPE CORAL, FLORIDA, RELATING TO THE FUNDING OF LOT MOWING SERVICES WITHIN THE DISTRICT 3 LOT MOWING SERVICE AREA; ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT FOR EACH EQUIVALENT LOT UNIT; IMPOSING ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE DISTRICT 3 LOT MOWING SERVICE AREA; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Councilmember Brandt

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES: Final resolution imposing assessments for lot mowing services within the District 3 Lot Mowing Service Area; approving the assessment roll and providing for collection of the assessments.

 

7)

RESOLUTION 58-09

A RESOLUTION OF THE CITY OF CAPE CORAL, FLORIDA, RELATING TO THE FUNDING OF LOT MOWING SERVICES WITHIN THE DISTRICT 4 LOT MOWING SERVICE AREA; ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT FOR EACH EQUIVALENT LOT UNIT; IMPOSING ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE DISTRICT 4 LOT MOWING SERVICE AREA; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Councilmember Brandt

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES: Final resolution imposing assessments for lot mowing services within the District 4 Lot Mowing Service Area; approving the assessment roll and providing for collection of the assessments.

 

8)

RESOLUTION 38-09

A RESOLUTION OF THE CITY OF CAPE CORAL, FLORIDA, RELATING TO THE CONSTRUCTION OF WATER DISTRIBUTION FACILITIES; CREATING THE SOUTHWEST 6/7 POTABLE WATER IMPROVEMENT AREA; CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT FOR EACH EQUIVALENT PARCEL AND EQUIVALENT RESIDENTIAL UNIT; IMPOSING ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE SOUTHWEST 6/7 POTABLE WATER IMPROVEMENT AREA; APPROVING THE ASSESSMENT ROLLS; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Council Member Grill/Council Member Tate

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES: Final resolution confirming the initial Southwest 6/7 Potable Water Assessment Resolution and imposing potable water assessments within the Southwest 6/7 Potable Water Improvement area.

 

9)

RESOLUTION 39-09

A RESOLUTION OF THE CITY OF CAPE CORAL, FLORIDA, RELATING TO THE CONSTRUCTION OF IRRIGATION WATER DISTRIBUTION FACILITIES; CREATING THE SOUTHWEST 6/7 IRRIGATION WATER IMPROVEMENT AREA; CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT FOR EACH EQUIVALENT PARCEL AND EQUIVALENT RESIDENTIAL UNIT; IMPOSING ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE SOUTHWEST 6/7 IRRIGATION WATER IMPROVEMENT AREA; APPROVING THE ASSESSMENT ROLLS; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Council Member Grill/Council Member Tate

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES: Final resolution confirming the initial Southwest 6/7 Irrigation Water Assessment Resolution and imposing irrigation water assessments within the Southwest 6/7 Irrigation Water Improvement area..

 

10)

RESOLUTION 40-09

A RESOLUTION OF THE OF THE CITY OF CAPE CORAL, FLORIDA, RELATING TO THE CONSTRUCTION OF WASTEWATER COLLECTION FACILITIES; CREATING THE SOUTHWEST 6/7WASTEWATER IMPROVEMENT AREA; CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT FOR EACH EQUIVALENT PARCEL AND EQUIVALENT RESIDENTIAL UNIT; IMPOSING ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE SOUTHWEST 6/7 WASTEWATER IMPROVEMENT AREA; APPROVING THE ASSESSMENT ROLLS; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

 

SPONSOR: Council Member Grill/Council Member Tate

 

ACTION REQUESTED: Final Public Input

 

WHAT THE RESOLUTION ACCOMPLISHES: Final resolution confirming the initial Southwest 6/7 Wastewater Water Assessment Resolution and imposing wastewater assessments within the Southwest 6/7 Wastewater Improvement area.

 

F

PUBLIC HEARINGS - ORDINANCES

 

1)

ORDINANCE 46-09

AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $125,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF UTILITY IMPROVEMENT ASSESSMENT BONDS (SOUTHWEST 6/7 AREA) OF THE CITY OF CAPE CORAL, FLORIDA FOR THE PRINCIPAL PURPOSE OF  FINANCING AND REFINANCING THE ACQUISITION AND CONSTRUCTION OF CERTAIN POTABLE WATER, WASTEWATER AND IRRIGATION WATER UTILITY CAPITAL IMPROVEMENTS WITHIN THE SOUTHWEST 6/7 AREA OF THE CITY; PLEDGING SPECIAL ASSESSMENT PROCEEDS TO SECURE PAYMENT OF THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE BONDS; ALLOWING FOR THE USE OF NET REVENUES OF THE CITY'S WATER AND SEWER UTILITY SYSTEM AND OTHER LEGALLY AVAILABLE NON-AD VALOREM REVENUES OF THE CITY TO PAY DEBT SERVICE ON THE BONDS OR MAKE UP DEFICIENCIES IN THE RESERVE ACCOUNT IN THE EVENT SUCH SPECIAL ASSESSMENT PROCEEDS ARE INSUFFICIENT FOR SUCH PURPOSE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

 

SPONSOR: Council Member Grill/Council Member Tate

 

ACTION REQUESTED: Final Public Hearing

 

WHAT THE ORDINANCE ACCOMPLISHES: Approves the issuance of utility improvement assessment bonds in an amount not to exceed $125,000,000 to finance and/or refinance the acquisition and construction of potable water, irrigation water, and wastewater utility capital improvements within the Southwest 6/7 area of the city.

 

G

REPORTS OF MAYOR AND COUNCIL MEMBERS

 

H

REPORTS OF CITY ATTORNEY AND CITY MANAGER

 

7.

Time and Place of Next Meeting:

 

The First Budget City Council Meeting is Scheduled for Wednesday, September 9, 2009 at 5:05 PM in Council Chambers

 

The Next City Council Workshop Meeting is Scheduled for Monday, September 14, 2009 at 4:30 in Council Chambers

 

8.

Motion to Adjourn

 

This agenda should not be viewed as containing definitive information on matters of law with respect to ordinance and resolution summaries.

 

NOTE:  For a final hearing on a quasi-judicial matter involving land use (an agenda item identified with an asterisk*), any person who wishes to intervene as a party must obtain a form for that purpose from the City Clerk, complete it, and file it with the Clerk before the start of the public hearing.

 

Generated 09/01/2009 9:03 AM

Text Box: *PUBLIC HEARINGS DEPARTMENT OF COMMUNITY DEVELOPMENT CASES In all public hearings for which an applicant or applicants exist and which would affect a relatively limited land area, including but not limited to PDPs, appeals concerning variances or special exceptions, and small-scale rezonings, the following procedures shall be utilized in order to afford all parties or their representatives a full opportunity to be heard on matters relevant to the application: 1. The applicant, as well as witnesses offering testimony or presenting evidence, will be required to swear or affirm that the testimony they provide is the truth. 2. The order of presentation will begin with the City staff report, the presentation by the applicant and/or the applicant’s representative; witnesses called by the applicant, and then members of the public. 3. Members of the City Council may question any witness on relevant issues, by the applicant and/or the applicant’s representative, City staff, or by any member of the public. 4. The Mayor may impose reasonable limitations on the offer of testimony or evidence and refuse to hear testimony or evidence that is not relevant to the issue being heard. The Mayor may also impose reasonable limitations on the number of witnesses heard when such witnesses become repetitive or are introducing duplicate testimony or evidence. The Mayor may also call witnesses and introduce evidence on behalf of the City Council if it is felt that such witnesses and/or evidence are necessary for a thorough consideration of the subject. 5. After the introduction of all-relevant testimony and evidence, the applicant shall have the opportunity to present a closing statement. Text Box: GENERAL RULES AND PROCEDURES REGARDING THE CAPE CORAL CITY COUNCIL AGENDA This printed agenda will be followed in the conduct of the City’s business. If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Any citizen may appear before the City Council at the scheduled PUBLIC HEARING/INPUT to comment on the specific agenda item being considered. No prior scheduling is necessary. Time is set aside for any citizen to address the City Council on matters within Council jurisdiction during CITIZENS’ INPUT TIME. No prior scheduling is necessary, however, persons desiring to participate in CITIZENS’ INPUT TIME are requested to complete and submit a speaker’s form to the City Clerk. These forms may be obtained in the Council Chambers one hour prior to the meeting. Members of the audience who address the City Council shall step up to the speaker’s lectern and give his or her full name, address, and whom he or she represents. Proper decorum shall be maintained at all times. Any audience member who is boisterous or disruptive in any manner to the conduct of this meeting shall be asked to leave or be escorted from the meeting room. Copies of the agenda are available in the main lobby of Cape Coral City Hall and in the City Council Office, 1015 Cultural Park Boulevard. Copies of all back-up documentation are also available for review in the lobby of Council Chambers. You are asked to refrain from removing any documentation. If you desire copies, please request they be made for you. Copies are 15˘ per page. Agendas and back-up documentation are also available on-line on the City website (capecoral.net) after 4:00 PM on the Thursday prior to the Council Meeting. The meetings will be carried live on Cable Channel 98, Comcast Cable of Cape Coral. In accordance with the Americans With Disabilities Act persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone 1-239-574-0530 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance.