Council upholds commissioners’ denial for permit
It took three separate motions before the Sanibel City Council voted to uphold a decision by the planning commission to deny a permit for a proposed low-speed, electric vehicle business.
At its Nov. 6 meeting, the council continued its consideration of an appeal by Laura DeBruce and Jeffrey Blackman, with the Sanibel Carts rental business, in a quasi-judicial hearing regarding a May vote by commissioners to deny the applicants a conditional use permit for 2330 Palm Ridge Road.
They had proposed to store and rent no more than seven “street-legal” electric-powered carts.
City attorney John Agnew explained that the council’s vote was not a vote for or against the proposed business, but whether the commission’s decision was based on competent and substantial evidence.
Prior to discussion, DeBruce and Blackman reiterated their argument before council for why the commission’s decision should be appealed. City staff also summarized its report and findings.
Councilmember Holly Smith expressed concern with when the applicants learned that staff was not recommending approval of the permit only days before the commission meeting. She noted that the couple had worked with staff for months and conflicts with the Sanibel Plan were never mentioned.
Smith made the first motion to approve the repeal and reverse the decision. It failed in a 2-3 vote, with Vice Mayor Mick Denham and Councilmembers Chauncey Goss and Jason Maughan objecting.
She then made a motion to send the application back to the commission for another review. It also failed in the same 2-3 split, with Denham, Goss and Maughan once again voting in opposition.
Maughan then stepped in, motioning for the council to affirm the commission’s decision to deny the application. The motion passed 3-2, with Mayor Kevin Ruane and Smith objecting this time.
Before moving on in the agenda, Ruane pointed out that the future of transportation in the city, specifically electric mopeds, vehicles and such, is a topic that needs to be addressed by council. He recommended that each member come up with some ideas to be discussed at the next meeting.
A motion was made to do so, which passed in a 5-0 vote.
Also at the meeting, council and city staff discussed the implementation and financing of the Donax Wastewater Reclamation Facility Process Improvement Project at 930 Donax St. Community Services Director Keith Williams and Finance Director Steve Chaipel explained that when the project opened to bids, they came in higher than anticipated. Council then directed staff to bring forward some options.
“We have two different construction options relative to the project,” Williams said.
He reviewed for the council the details, including the pros and cons, of awarding the project to the lowest bidder or rejecting all three bids and adjusting the plans into a hybrid design. Under the hybrid, the existing flow equalization basin would be demolished, Plant I would be converted into a new flow equalization basin, and Plants II and III would be converted from a two-stage to five-stage process.
Capital investment for the lowest bidder option was estimated between $20 million and $21 million, while capital investment for the hybrid design was estimated at from $15 million to $17 million.
In comparing the options, Williams explained that the first one better increases near- and long-term plant reliability and better allows for plant capacity expansion. The second option reduces nutrients to targeted levels except during abnormally high flows and routine maintenance and nutrient reduction to advanced wastewater treatment levels is estimated to be effective for about 90 percent of the time.
Chaipel provided a snapshot of the city’s sewer fund debt and grant funds available, then reviewed both choices and their financing options: bank loan, bond issuance and Clean Water State Revolving Fund. The debt issue for the lowest bidder option is estimated at $12.7 million, with $8.6 million for the other.
Maughan voiced support for going with the lowest bidder option and sticking with the original design plan, citing future flexibility with expansion to the system, water improvement and longer service.
“And it won’t be an issue to come up to worry about,” he said.
The council voted 5-0 in favor of the first option.
During discussion, Ruane recommended that city staff work with the Florida League of Cities’ loan council when examining financing for the project. The dais agreed, voting 5-0 to direct staff to do so.
Also at the meeting, Natural Resources Direction James Evans provided a water quality update.
He noted that Lake Okeechobee is about 3 feet lower than the same time last year.
“Pretty significant difference in water levels,” Evans said. “So we’re in a pretty decent position.”
He explained that with an El Nino pattern forecast through December, officials have been releasing 1,000 cubic feet per second at the Franklin Lock in weekly pulses rather than the typical 500 cfs.
“So they are releasing additional water in anticipation,” Evans said.
He pointed out that salinities are in a good range for tape grass in the upper estuary and water clarity continues to improve in the San Carlos Bay, noting that red tide still exists from Collier to Pinellas.
“We’re not seeing any impact on our beaches,” Evans said of respiratory irritation and fish kills.
ON OTHER NEWS
– Council adopted a resolution to appropriate $110,000 $100,000 for outside legal counsel and $10,000 for a litigation expert from the General Fund’s environmental reserves for legal services related to the administrative appeal against the South Florida Water Management District.
Ruane noted that the intention is still to split the legal costs among the petitioners.
“The actual final bill will not come in for a period of time,” he said, adding that when it does the subject will be brought up for discussion before the council. “We anticipate some of that money will go back into the environmental reserves.”
Ruane noted that the administrative judge has 30 days to provide a ruling.
Agnew added that there are three outcomes: validation, partial validation or invalidation.
– Sanibel Environmental Specialist Dana Dettmar provided council with the results of the 2018 report card for the island’s golf courses for nutrients and lake management as recommended by the city.
“This is a completely voluntary program,” she said, adding that it is the seventh year.
The Dunes Golf and Tennis Club earned 61 out of 65 points, for a score of 94 percent. It is a 31 percent improvement since 2011, putting it in “full compliance” with the city’s best management practices.
“This is the same score they had last year,” Dettmar said.
The Sanctuary Golf Club earned 62 out of 65 points, for a score of 95 percent a 3.3 percent improvement since 2011, but a 3 percent decrease from last year. It remains in “full compliance.”
The Sanibel Island Golf Club earned 47 out of 65 points, for a score of 72 percent. It is a 13 percent improvement since 2013 when new ownership took over but an 11 percent decrease from 2017. It is “not in compliance” with the city’s BMP recommendations.
– Council adopted a resolution appointing new members to the three vacancies on the Sanibel Vegetation Committee. They are Edward Holden, Jennifer Maughan and Kathleen Pereles.
– Council adopted a resolution calling for an election on March 5 for three seats on the dais.
– Council adopted a resolution to budget $1,475,500 in grants from the Lee County Tourist Development Council for the following projects for fiscal year 2019: Sanibel beach and facility maintenance support, beach erosion monitoring activities, Bowman’s Beach dune walkover repairs and shoreline stabilization at Turner Beach Park.
– Council adopted a resolution to appropriate $13,883 in funding $10,000 from a private citizen donation and $3,883 from the budget for the purchase and installation of playground equipment at Bowman’s Beach.
– Sanibel Police Officer Matt Casola was recognized for earning his Bachelor of Science in public safety administration from Florida SouthWestern State College with support from the city’s Educational Tuition Assistance Program.
– A proclamation was made celebration the 100th anniversary of Armistice Day.