THE CITY OF MARCO ISLAND
City Council Meeting Agenda
Chairman: Michael F. Minozzi
City Council: John A. Arceri, Heyward E. Boyce, Terri DiSciullo,
Vckie Kelber, S. Jeannette K. Patterson, E. Glenn Tucker
City Manager: A. William Moss
City Clerk: Laura Litzan City Attorney: Rich Yovanovich
Regular Meeting
Monday, May 5, 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
Greg Niles, Community Development Director
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
(A) Council Minutes for April 21, 2003 (Regular Meeting)
5. BUSINESS
(A) RESOLUTION(S) A Resolution to Commend Anne Henegan, the Art League of Marco Island, and the Marco Island YMCA.
(B) RESOLUTION A Resolution to Commend Fire Captain Donald J. Jones, Paramedic of the Year for the State of Florida.
(C) RESOLUTION Public Hearing Petition V-03-05, Frederick C. Kramer, agent for Robert D. and Joyce A. McFarland, property owners, requesting a 2.5-foot variance from the required 18-foot front yard depth requirement and a 2.2-foot variance from the required 25-foot front yard setback requirement for an addition to an existing single family house on property located at 1084 Dill Court, Marco Island.
(D) RESOLUTION Public Hearing Petition V-03-04, James Lawson, property owner, requesting a 3.25-foot variance from the required 18-foot front yard depth requirement for a single-family house on property located at 569 5th Avenue, Marco Island.
(E) DISCUSSION Response to DCA Regarding Small Scale Comprehensive Plan Amendments.
(F) DISCUSSION Acquisition of Florida Water Services.
(G) DISCUSSION Allocation of Funds for Litigation Expenses Regarding Boat Dock Moratorium Legislation.
6. COUNCIL COMMUNICATIONS AND DISCUSSION
7. FUTURE AGENDA
8. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
9. 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: MAY 5, 2003
Agenda Item: 5(C) Prepared By: Kelly Michele Smith
Date: April 14, 2003
Agenda Section:
Business: Resolution
Subject: V-03-05, requesting a 2.2-foot variance from the Department: Community Development
required 25-foot front yard setback and a 2.5-foot variance
from the 18-foot front yard depth requirement for a single family home
BACKGROUND:
Frederick C. Kramer, as agent for Robert McFarland, property owner, is requesting a 2.2-foot variance from the required 25-foot front yard setback and a 2.5-foot variance from the 18-foot front yard depth requirement for a single family home located at 1084 Dill Court.
Recently the property owner applied for a building permit to construct a second story addition over the master bedroom of the existing single-family house. During the review of the building permit application it was discovered that the existing house does not comply with the 18-foot front yard depth requirement. Upon further review it has also been discovered that the existing house does not comply with the City s required 25-foot front yard setback. The existing structure was built in 1987 and complied with applicable Collier County setback and zoning regulations at the time of construction. While the encroachments of the existing house can be rectified through an administrative variance, an administrative variance could not be utilized for the proposed addition.
The City Council will be acting as the City s Board of Zoning Appeals in this matter. The Planning Board heard this request at their April 11, 2003 meeting and voted 6-1 to recommend approval of petition V-03-05 to City Council.
RECOMMENDED ACTION:
Conduct required public hearing; Approve resolution as presented.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 5, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(A) Date: April 23, 2003
Agenda Section:
Business: Resolutions (2)
Subject: Resolutions to Commend Anne Henegan, the Department: City Council
Friends of Art, and the Marco Island YMCA
BACKGROUND:
The Friends of Art and the Marco Island YMCA, using the volunteer services of citizens and area artists, created the Dolphin Debut.
On April 21, 2003 City Council accepted the “Homeland Dolphin” as a gift to the City from Anne Henegan who donated $3,000 as a patron and $6,000 for the purchase of the Homeland Dolphin at the Dolphin Debut Auction.
City Council asked that a resolution be prepared in recognition of the gift from Anne Henegan. City Council also asked that a resolution be prepared thanking those who organized and participated in the Dolphin Debut event.
The two resolutions are attached.
RECOMMENDED ACTION:
Adopt resolutions by roll call vote.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: MAY 5, 2003
Agenda Item: Prepared By: Kelly Michele Smith
5(D) Date: April 24, 2003
Agenda Section:
Business: Resolution
Subject: V-03-04, 3.25-foot variance from the 18-foot Department: Community Development
front yard depth requirement for a single family home
BACKGROUND:
James Lawson, property owner, is requesting a 3.25-foot variance from the required 18-foot front yard depth requirement for a new single-family home to be located at 569 5th Avenue.
The subject property is an irregularly shaped lot which is smaller than a typical lot on Marco Island. The area encroachment is the front porch for the proposed single-family house. The encroachment is approximately 50 square feet in size, however, the area is non-air-conditioned space. Staff is of the opinion that a literal interpretation of the Land Development Code would create an undue hardship for the property owner.
The City Council will be acting as the City s Board of Zoning Appeals in this matter. The Planning Board heard this request at their April 25, 2003 meeting and voted 6-0 to recommend approval of petition V-03-04 to City Council.
RECOMMENDED ACTION:
Conduct required public hearing; Approve resolution as presented.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 5, 2003
Agenda Item: Prepared By: K. Greg Niles
5(E) Date: April 28, 2003
Agenda Section: Discussion
Business:
Subject: Response to DCA Regarding Department: Community Development
Small Scale Comprehensive Plan
Amendments
BACKGROUND:
On April 11, 2003 staff sent required notice to the Department of Community Affairs (DCA) advising the Department of two small scale comprehensive plan amendments approved by City Council (see attached letter). On April 15th staff received a letter from DCA stating, "…After a preliminary review it appears that the amendment fails to qualify as a small scale development amendment…". The reason stated is that the amendment involves a residential land use with a density greater than 10 units per acre (Sec. 163.3187(1)(c )1, f, F.S.)
As the letter states, the Department cannot process the amendment as a small scale development amendment as requested. DCA offers two options the City can select to address this matter:
1. Process the amendment as one of the two large scale amendments cycles for the year and issue a notice of intent per Florida Statutes; or
2. Return the amendment package to the City with the understanding that the City will rescind and submit the amendment with its next large scale amendment cycle.
In addition, if the City believes the amendment does meet the requirements for consideration as a small scale amendment, then a letter to that effect must be sent. Whichever option the City chooses, no action will be taken by the Department until they receive official notification.
At this time the Community Development Department would suggest Council select option #2. Staff has already initiated efforts for a large scale amendment, and will focus on the Future Land Use Element and Map. This large scale amendment will allow for the elimination/clarification of specific objectives and policies; introduction of new policies, if desired, regarding redevelopment and mixed use; and alterations to the Future Land Use Map.
RECOMMENDED ACTION:
Discussion; motion to select option #2 in reply to DCA letter.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 5, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(G) Date: April 30, 2003
Agenda Section:
Business: Discussion
Subject: Allocation of Funds for Litigation Expenses Department: City Council
Regarding Boat Dock Moratorium Legislation
BACKGROUND:
On January 21, 2003 Council approved Resolution 03-04 describing how pending boat dock moratorium legislation will adversely impact the City of Marco Island, and urging the intervention of State and Federal Officials to resolve the situation.
Chairman Minozzi agreed to add this item to the agenda for Council s consideration at the request of Vice-Chair Tucker.
RECOMMENDED ACTION: Discussion
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 5, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(F) Date: April 30, 2003
Agenda Section:
Business: Discussion
Subject: Acquisition of Florida Water Services Corp. Department: City Manager
BACKGROUND:
On April 16, 2003 representatives from the cities of Marco Island, Palm Coast, and Deltona, and Hernando County met with representative of Florida Water Services Corporation (FWSC). Representatives from the four local governments offered to purchase Florida Water Services assets within their jurisdictions through a cooperative effort. They also proposed that the Florida Governmental Utility Authority (FGUA) be asked to participate as a fifth member of the group to acquire the assets in those districts in which the respective governments desired to participate (Lehigh Acres, Osceola County, Charlotte County, and Citrus County). Furthermore, they proposed to involve a private utility to acquire the consolidated group of more than ninety (90) systems (the systems have a value of less than 5% of the transaction). The
discussions were sufficiently encouraging that the local governments have continued to work together to develop a purchase and sale agreement for consideration by FWSC.
The meeting was followed by discussions with representatives from the Florida Governmental Utility Authority (FGUA). The FGUA has agreed to participate with the working group in negotiations for the acquisition of FWSC assets.
A significant amount of activity has occurred since the April 16th meeting with Florida Water. The following is a summary of the actions and issues:
1. Agreement to Acquire Utility Assets: While in draft form and under review by each local entity, City Council is asked to authorize the City Manager to execute the attached agreement recognizing that non-substantive changes may be made prior to execution by each local government. The agreement provides a framework in which the four local governments and the FGUA will work together to jointly negotiate the acquisition of assets of FWSC. The agreement does not create a separate authority or legal entity. It is anticipated that the group will retain a private utility operator to operate each individual system and to provide for centralized billing and customer service. The anticipated duration of the operations contract is for two years,
although each entity may extend the contract for a longer duration. It is further anticipated that the local governments will utilize the competitive selection process for contract operations previously initiated by the FGUA and award the contract to the firm selected by the FGUA. The firm is American Waterworks, Inc. and is one of the largest utility operators in the U.S. Negotiations with American Waterworks, Inc. are in progress.
The local governments will coordinate financing and the closing date for the transaction. This coordination may include the selection of underwriters, bond counsel, disclosure counsel, and other financing professionals; joint presentations to the rating agencies and bond insurers with regard to their respective acquisition financing; common bond documents and disclosure documents; and marketing and pricing of bonds on a coordinate schedule. Each entity will own the utility within their respective jurisdictions, individually contract with American Waterworks, Inc., or another provider, and each will provide their own management of the utility system.
2. Letter dated April 29, 2003 to Mr. Donnie R. Crandell, President and CEO of FWSC: This letter provides an update of activities since the meeting of April 16th. It also services as a cover letter for a “Letter of Intent.”
3. Consolidated Letter of Intent: Drafted and signed by the representatives of the four local governments, the Consolidated Letter of Intent provides that it is the intent of the local governments to purchase, in a coordinated closing, and the intent of Florida Water Services Corporation to sell all of the corporate business assets used for the provision of water and sewer services within the local govenments jurisdictions. It also provides that it is the intent of the FGUA to pursue the purchase of a portion of the remainder of the FWSC assets located within the State of Florida. The letter specifically provides for the purchase prices for the transaction. For Marco Island the purchase is $82,913,503. This is the same purchase price determined through
the allocation process formulated by local governments and the FGUA last year when City Council agreed to support the acquisition by FGUA at that purchase price ($448 million for FWSC statewide assets). The letter provides that the parties shall enter into a detailed purchase and sale agreement. Following negotiations to finalize the purchase and sale agreement, the agreement will be submitted to the governing bodies of the local governments for approval and will thereafter be binding upon each local government. The Letter of Intent provides that FWSC agrees not to negotiate with any other party until December 31, 2003 for the acquisition of the systems. The letter was delivered to FWSC on April 30, 2003. No response from FWSC has been received as of this writing.
4. Letter from Nabors, Giblin and Nickerson, P.A. to Mr. Donnie Crandell, President FWSC: Because the FGUA continues to have discussions with the four counties for which the FGUA may acquire systems within their counties, the FGUA representative is unable to commit to FWSC its intent to purchase these systems as of this date. The letter advises FWSC that the FGUA will contact each of the counties and confirm their consent to the acquisition at prices consistent to that allotted under the FGUA August 29, 2002 offer.
5. Utility Operating Structure: This document helps clarify the roles and responsibilities of each jurisdiction and the subject matters under discussion at this time.
6. Acquisition and Issuance Costs: When the Florida Governmental Utility Authority intended to acquire all of the assets of FWSC in accordance with their offer to FWSC on August 29, 2002, it was understood that each system would be responsible for its pro-rata share of acquisition and issuance costs. These costs would be paid by each system through proceeds from tax-exempt revenue bonds.
The four local governments recognized that the efforts of the FGUA and their legal and financial team have added value to the current transaction being negotiated at this time. Each of the local governments recognized that the FGUA should be reimbursed for certain financial obligations incurred. The FGUA also believes that they should be reimbursed for their expenses. The FGUA representative presented to the four local governments the attached spreadsheets contained within the “Acquisition and Issuance Costs.” These spreadsheets also included schedules for reimbursement under the general premise that the FGUA would be reimbursed for 85% of its expenses.
The City Manager will summarize each spreadsheet during the City Council meeting and advise City Council as to the consensus reached by these local governments as to reimbursements. While it is unknown at this time whether the FGUA finds these reimbursements acceptable, or whether they intend to negotiate for higher fees, handwritten entries on the spreadsheets reflect the reimbursements supported by the representatives of the four governments.
While not attached, two additional documents are available for Council s review. The first is a consolidated “Request for Qualifications” to serve as senior managing underwriter(s). The City of Marco Island is issuing the Request for Qualifications on behalf of the other four entities. The representatives intend to review the qualifications and, to the extent possible, select the same underwriters for the utility acquisition and improvement bonds for the estimated $461 million bond issue. Representatives will review qualifications and make recommendations to their respective governing bodies in May or early June.
The other document is the first draft of the purchase and sale agreement (70 pages without exhibits.) The agreement is currently under review by each of the local governments prior to submittal to Florida Water Services. It is the goal to submit the purchase and sale agreement to Florida Water within the next two weeks.
RECOMMENDED ACTION:
Authorize the City Manager to execute the Agreement to Acquire Utility Assets. Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 5, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(B) Date: April 30, 2003
Agenda Section:
Business Resolution
Subject: Paramedic of the Year Award Department: City Manager
1. BACKGROUND:
On April 8, 2003 Captain Donald J. Jones was honored by the Governor and the State Cabinet in Tallahassee as Paramedic of the Year for the State of Florida. Captain Jones was selected because of his professional and personal commitment to the citizens of Marco Island. Captain Jones exemplifies through his actions both devotion and concern to those in need. Captain Jones is often the first to take up a community concern whether a fund raiser for an ill child, a senior citizen needing additional assistance, or a group or organization wanting to learn CPR. The residents of Marco Island can truly be proud of this individual and the deserving award bestowed upon him by the Governor and his peers.
RECOMMENDED ACTION:
The recognition of Captain Don Jones by City Council.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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