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City Council Meeting 1/21/03
Tuesday, January 21, 2003 at 6:00 PM
Frank E. mackle Jr. Community Park
1361 Andalusia Terrace
Marco Island, Florida
THE CITY OF MARCO ISLAND
City Council Meeting Agenda


Chairman: E. Glenn Tucker
City Council: John A. Arceri, Heyward E. Boyce,  Terri DiSciullo, Vickie Kelber,   Michael F. Minozzi, S. Jeannette K. Patterson  
City Manager:  A. William Moss
City Clerk: Laura Litzan                                         City Attorney: Rich Yovanovich

Regular Meeting
                            Tuesday, January 21, 2003, 6:00 PM
Frank E. Mackle Jr. Community Park,1361 Andalusia Terrace
Marco Island, Florida


Notice: Formal action may be taken on any item discussed or added to this agenda.  Any person who decides to appeal any decision made by the City Council with respect to any matter considered at this meeting or hearing will need a record of the proceedings and 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 heard.


1.  ROLL CALL
2.  INVOCATION AND PLEDGE OF ALLEGIANCE

To be determined.

3.  APPROVAL OF AGENDA

4.  APPROVAL OF MINUTES

(A)     Council Minutes for January 6, 2003 (Regular Meeting)
(B)     Council Minutes for January 13, 2003 (Special-Called Meeting)

5.  PRESENTATIONS

        (A)     Soaring Eagle Awards

6.  BUSINESS

ORDINANCE  Second Reading & Public Hearing  An Ordinance to Establish Door-to-Door Solicitation Regulations.  RESOLUTION  A Resolution to Establish Permit Fees Contained in Solicitation Regulation Ordinance.

RESOLUTION  Support for Marco Island Historical Society Efforts to Build a Museum on Marco Island.

RESOLUTION  A Resolution Relating to the Highway Beautification Grant Application for SR 951 Landscaping.

RESOLUTION  A Resolution Relating to the Submerged Public Easement for Collier Creek Dredging.

RESOLUTION  A Resolution Relating to the Marine Mammal Protection Ace and Manatees in Florida.

DISCUSSION  Debt Financing.

RESOLUTION  Amended Bond Resolution.

DISCUSSION  Acceptance of Grant.

DISCUSSION  Communications Center.

DISCUSSION   Performance Evaluation of City Manager.

7.   COUNCIL COMMUNICATIONS AND DISCUSSION
8.   FUTURE AGENDA

9.   PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

10. ADJOURN


We encourage our citizens to participate in the governing of Marco Island.  Public comments are appreciated.  We respectfully ask our citizens to be courteous, and to respect the rights of others to petition City Council and express their opinions.  We also ask that Public comment be limited to four minutes.

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  January 21, 2003

Agenda Item:    6(G)                                                                    Prepared By:   William P. Harrison
                                                                                                    Date:                 January 6, 2003      
Agenda Section:  Resolution
Business:       
Subject:     Amended Bond Resolution                                         Department:     Finance
               
BACKGROUND:

In November 2002, City Council approved Resolution 02-33, authorizing the issuance of not to exceed $6 million in bonds to finance capital improvement projects during Fiscal Years 2003 and 2004.  That resolution needs to be repealed and replaced for two reasons:

First, the amended resolution contains a blank for the name of the bond underwriter retained by the City to sell the bonds on a negotiated basis on behalf of the City.  Our Financial Advisor, First Southwest, prepared and distributed a Request for Qualifications for underwriters with a closing date of Monday, January 6th.  Four proposals were received and are available for inspection in the office of the Citys Finance Director.  The Financial Advisor and  Finance Director have reviewed the proposals received and are recommending to use the firm of William R. Hough & Company  to sell these bonds on behalf of the City.  That firm has been included in the revised bond resolution.  The rationale for this selection is in the memorandum from John White, First Southwest Company, attached.

Secondly, the Citys bond counsel, Bryant, Miller & Olive, and the Citys Financial Advisor are recommending that we substitute a specific pledge of the one-half cent sales tax for the pledge of a covenant to budget and appropriate as the security for the repayment of the bonds.  Our advisors feel that a specific revenue pledge will assist in our ability to limit the bond validation process to the single issue of double-counting.  

RECOMMENDED ACTION:  City Council approval of replacement Bond Resolution

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  


REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  January 21, 2003

Agenda Item:                                                                                Prepared By: A. William Moss, City Manager
                         6(J)                                                                      Date:  January 9, 2003      
Agenda Section:                                                                          
Business:  Discussion   
Subject:     Performance Evaluation of City Manager                   Department:  City Council 
        

BACKGROUND:

On January 6, 2003 Councilman Boyce requested, and Council agreed, to schedule a discussion on a concept for a performance appraisal for the City Manager in recognition of the City Managers anniversary date of March 16th.  Councilman Boyce offered for consideration a self-appraisal, a summary of accomplishments, and objectives for the next year.

This matter is presented for discussion and further direction.

RECOMMENDED ACTION:

Discussion.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  


REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  January 21, 2003

Agenda Item:     6(B)                                                                    Prepared By:  A. William Moss, City Manager
                                                                                                    Date: January 10, 2003     
Agenda Section:                                                                          
Business:  Resolution   
Subject:  Support for Marco Island Historical Society                 Department:  City Council
              Efforts to Build a Museum on Marco Island.       
        

BACKGROUND:

On January 6, 2003, City Council directed the City Manager to prepare a resolution supporting the
efforts of the Marco Island Historical Society to build a community museum on Marco Island.

RECOMMENDED ACTION:  Motion to approve the resolution.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  


REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  January 21, 2003

Agenda Item:                                                                                Prepared By:  A. William Moss, City Manager
                         6(E)                                                                     Date:  January 13, 2003      
Agenda Section:  
Business:  Resolution   
Subject:     Resolution Relating to the Marine Mammal                Department:  City Council
                 Protection Act and Manatees in Florida        
        

BACKGROUND:

City Council has indicated a preference to support the efforts of local citizens and area governments who are opposed to U.S. Fish and Wildlife Service rules regarding protection of Manatees.

The attached Resolution is presented for consideration.

RECOMMENDED ACTION:

Consider Resolution.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  


REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  January 21, 2003

Agenda Item:    6(I)                                                                      Prepared By:  Police and Fire
                                                                                                    Date: January 14, 2003     
Agenda Section:                                                                          
Business:  Discussion   
Subject:    Communications Center                                                Department:   City Council     
        

BACKGROUND:

Councilman Minozzi requested a discussion on a possible study of the City creating a dispatch center at the City of Marco Island.

Upon incorporation as a City, a contractual agreement was created with Collier County concerning dispatch services for police and fire.  The City, through this agreement, pays $180,000 per year for enhanced dispatch services.  This service consists of a dedicated dispatcher to the Marco Island Police Department.  The City also purchased $84,000 in initial capital acquisition for the County Dispatch.

Periodically citizen complaints are received regarding the conduct of call-takers and/or delayed dispatch of Marco Island units.

The implementation of our own dispatch center will require additional equipment, space, and employees.

City staff is able do an in-house report addressing general cost estimates.  Because of the technical and regulatory issues and the projected costs, City Council may prefer an independent study conducted by a firm specializing in emergency communication systems.  The estimated cost for an independent study is $15,000 - $20,000.

RECOMMENDED ACTION:

Discussion.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  


REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  January 21, 2003

Agenda Item: 6(F)                                                                        Prepared By:  A. William Moss, City Manager
                                                                                                    Date:  January 15, 2003    
Agenda Section:  
Business:  Discussion   
Subject:     Debt Financing                                                           Department:  City Manager                 
        
BACKGROUND:
This subject was on the agenda for the special called meeting of January 13, 2003 and then deferred to this meeting.

On November 4, 2003 City Council considered and adopted a resolution authorizing the issuance of bonds not to exceed $6 million.  The amount provided funding for $4.2 million in capital projects plus a contingency in the event that additional debt service is warranted.

Council was advised that Bond Counsel would seek bond validation through the court.  Bond validation is required to confirm that the spending cap policy regarding the inclusion of debt service payments as a part of the spending cap, but not the actual capital outlay (double counting of capital expenditures).

Bond Counsel is currently preparing amendments to the resolution and will present the amendments to City Council on January 21st for consideration.  Thereafter, Bond Counsel will proceed with the validation process.

Some reluctance on the issuance of bonds was noted at the November 4th meeting and in discussions with one or more Councilors thereafter.  For reasons stated below, City Council is asked to discuss the issuance of bonds and confirm or amend previous policy decisions.

Compliance with the 2003 spending cap is based on the sale of $1,985,000 in bonds.  This uses the double-counting policy that states that the original expenditure of bond proceeds is exempt from the cap, but all debt service payments must be included in the calculation of the cap.  Without the issuance of bonds, authorized capital projects cannot be budgeted.

If City Council prefers not to proceed with a bond issue in the current fiscal year, $1,985,000 must be deleted from the 2003 CIP budget (attached for reference).  While all of the budgeted projects are considered important, the following projects (not financed by impact fees or grants and thus exempt from the cap) may be more easily deferred or cancelled:
                Collier Bay Dredging    $       286,200
                Open Space Acquisition  860,000
                District IV Sidewalks   400,000 
                Intersection Improvements       150,000
                Roadside Border Landscaping     225,000 
                Bald Eagle/Elkcam Landscape       45,000        
                Cul-de-Sac Improvements   25,000
                San Marco & Winterberry Landscape         65,000
                                Total   $   2,056,200
RECOMMENDED ACTION:
Proceed with Bond Validation and the issuance of bonds; amend the FY03 budget to delete $1,985,000; other actions as deemed appropriate.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  


REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  January 21, 2003

Agenda Item:                                                                                Prepared By:  Roger Reinke, Chief of Police
                       6(A)                                                                       Date:  January 14, 2003      
Agenda Section:                                                                          
Business:                               
Subject:  Solicitation Ordinance                                                    Department:  Police
        
        

BACKGROUND:

This is the second reading of a proposed ordinance requiring persons engaged in the business of door-to-door solicitation to obtain a city permit and comply with certain requirements and restrictions.

On January 6, 2003 this ordinance was approved on first reading.  Council directed that the requirement for solicitors to maintain a local business location and a reference to “No Soliciting” signs complying with city code be deleted.  These changes have been made.

It was determined that the Collier County Code includes a provision that any business operating anywhere in Collier County must have a county occupational license.  According to County Staff solicitors require this license.  An addition was made to the permit application section of our ordinance to require the applicant show proof of a valid Collier County occupational license to obtain a City solicitation permit.

There are two other minor changes.  The definition of “solicitation” was refined on the advice of the City Attorney and the fee section was changed to provide the application fee be set, and changed, by resolution of the City Council.

The attached version of the ordinance includes all of the changes as underlines or strike through.

In the event Council approves this ordinance on second reading, a resolution setting the permit application fee must also be passed.  A resolution setting this fee at seventy-five dollars ($75.00) is attached for Council approval.  This fee is the same as that approved on first reading and includes the cost of staff time and a fingerprint processing charge set by the Florida Department of Law Enforcement.

RECOMMENDED ACTION:

Adopt ordinance on second reading.
Adopt resolution.


Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  







City of Marco Island 50 Bald Eagle Drive, Marco Island, FL 34145
Phone: 239-389-5000 Fax: 239-389-4359