THE CITY OF MARCO ISLAND
City Council Meeting Agenda
Chairman: Michael F. Minozzi, Jr.
City Council: John A. Arceri, Heyward E. Boyce, Terri DiSciullo, Vickie Kelber, S. Jeannette K. Patterson, E. Glenn Tucker
City Manager: A. William Moss
City Clerk: Laura Litzan City Attorney: Rich Yovanovich
Regular Meeting
Wednesday, September 3, 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
Reverend David Swicegood, Marco Presbyterian Church
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
(A) Council Minutes for August 18, 2003 (Regular Meeting)
(B) Council Minutes for August 20, 2003 (Special-Called Meeting)
5. BUSINESS
RESOLUTION – A Resolution Adopting a Tentative Millage Rate for the City of Marco Island for the Fiscal Year Commencing October 1, 2003, and Ending September 30, 2004.
RESOLUTION – A Resolution Adopting a Tentative Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2003, and Ending September 30, 2004.
ORDINANCE – First Reading & Public Hearing – An Ordinance Determining and Fixing the 2003 Tax Levy and Millage Rate for the City of Marco Island.
ORDINANCE – First Reading & Public Hearing – An Ordinance Adopting the Final Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2003 and Ending September 30, 2004.
ORDINANCE - First Reading - Budget Re-Appropriation Ordinance.
ORDINANCE - Second Reading & Public Hearing - An Ordinance to Amend Chapter 54, Article IV (Boat Docking Facilities) of the Marco Island City Code.
ORDINANCE - First Reading - An Ordinance to Establish Utility Rates.
RESOLUTION - A Resolution Amending the City of Marco Island Personnel Rules and Regulations.
DISCUSSION - Request by Christmas Island Style to Support Community Events.
DISCUSSION - Future Hearing Regarding Formal Administrative Position That Desired Amendment to the Esplanade Project SDP is Inconsistent with Governing Development Agreement.
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: September 3, 2003
Agenda Item: Prepared By: William P. Harrison, Finance Director
5 (A), (B), (C), (D) Date: August 28, 2003
Agenda Section:
Business:
Subject: Public Hearing: Adopt Tentative Millage Department: Finance
Rate and Budget
BACKGROUND:
Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statute establishes a detailed time line and approval process which includes the requirement for two public hearings held in the month of September and separate resolutions and ordinances for determining the mil levy and approval of the annual budget. The mil levy and budget resolutions and ordinances are required to the first item of business on the City Council agenda.
The first public hearing, with resolutions approving the proposed millage rate and tentative budget, and the first reading of ordinances for the 2004 tax levy and final budget, is scheduled for the City Council meeting on September 3, 2003. As required by the TRIM legislation, all Marco Island property owners are provided notice of this public hearing on their preliminary tax statements.
The TRIM regulations provide for four separate actions by City Council at the first public hearing as follows:
A. Resolution adopting a tentative millage rate for fiscal year 2003-04.
B. Resolution adopting a tentative budget for fiscal year 2003-04.
C. First reading of an ordinance adopting the 2003 tax levy and millage rate.
D. First reading of an ordinance adopting the final budget for fiscal year 2003-04.
At the budget workshop, City Council set the maximum millage rate of 1.66 with the expectation that the increase in assessed values for homestead properties would be offset by a reduction in millage rate from 1.69 to 1.66. To accomplish the precise offset to ensure that the actual property taxes paid by homesteaded residents are the same or less than the amount paid this year, the adopted millage rate should be no greater than 1.64 mils. If supported by City Council, the millage rate designated in the attached Resolution should be amended to 1.64 mils.
The attached memorandum dated August 28th regarding unrestricted reserves is offered for policy discussion. The memorandum dated August 19th summarizes changes to the proposed budget since the budget workshop meetings.
RECOMMENDED ACTION:
Conduct public hearing and adopt resolutions approving the proposed millage rate and tentative budget. Adopt on first reading ordinances approving the 2003 tax levy and final budget for fiscal year 2003-04.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 3, 2003
Agenda Item: 5(E) Prepared By: William P. Harrison
Date: August 20, 2003
Agenda Section:
Business: Ordinance, First Reading
Subject: Budget Re-Appropriation Ordinance Department: Finance
BACKGROUND: The annual budget for Fiscal Year 2002-03 was approved by the City Council in September of last year. The approved budget may only be amended by a re-appropriation ordinance. Any amendments to the budget must continue to maintain compliance with the Spending Cap. Budget control, per the policy of the City Council, is maintained at the department level in the General Fund and at the fund level in other funds. The following changes to the approved budget are recommended:
GENERAL FUND:
CAPITAL CARRY-FORWARD: Resolution 03-03, Section 4 states: “Capital expenditures budgeted and subject to the Spending Cap in a prior fiscal year, but unexpended as of the end of that fiscal year, may be carried forward into a subsequent fiscal year and those expenditures shall not be included in the calculation of the Spending Cap in the subsequent fiscal year”. City Council approved on voice vote $217,254 in General Fund capital expenditures to be carried forward to 2003 at the meeting of December 2, 2002..
FIRE DEPARTMENT: The 2003 budget was approved prior to the completion of union negotiations with the Fire Union on the new 3-year contract. $41,530 needs to be added to the Fire Department budget to cover higher personnel services costs per the approved contract. That contract was approved by the Council on September 16, 2002.
CAPITAL PROJECTS FUND: $1,901,773 in approved capital projects, not completed at 9/30/02, were carried forward to the 2003 budget by Council action on December 2, 2002.. The bond issue scheduled for 2003 in the amount of $1,985,000 has been postponed until 2004. $541,000 has been left in the budget from that bond issue, to finance repairs to three bridges. Funds will be reimbursed from the 2004 bond issue. These issues were discussed with the Council at the CIP Workshop on May 9, 2003.
RECREATION FUND: This is a new fund for Fiscal Year 2003, created to account for the revenues and expenditures of self-supporting recreation programs. This was reviewed at the Budget Workshop of June 18, 2003.
RECOMMENDED ACTION: Approval of Budget Re-Appropriation Ordinance on first reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 3, 2003
Agenda Item: Prepared By: William P. Harrison
5(G) Date: August 25, 2003
Agenda Section:
Business: ORDINANCE – FIRST READING
Subject: Water & Wastewater Utility Rates Department: Finance
BACKGROUND: An essential step in the process of the acquisition of water and wastewater utilities from Florida Water is establishing bond ratings and obtaining bond insurance. As part of that process, the City of Marco Island needs to establish fees and charges for water and wastewater services. The current utility rate schedule for Florida Water was approved November 26, 2002. The City’s rate schedule, as presented, is identical to the current rate schedule of Florida Water and will remain in effect until September 30, 2004.
Beginning in October 2004, and annually thereafter, the ordinance provides for annual rate indexing to the Florida Public Service Commission (PSC)Deflator Index. The PSC has determined that the Federal Gross Domestic Product Implicit Price Deflator is the most reliable index to use in providing for rate increases due to the industry-specific cost increases. Major categories of expenses for utilities are labor, chemicals, sludge-hauling, materials and supplies, maintenance, transportation, and treatment expense. Increases in power costs are not included in this index, and are subject to separate pass-through rate increases. The 2003 index, had the City chosen to begin rate indexing this year, is 1.31%. Indexing of rates will allow our new utility to stay current with the costs of providing utility services
to the community.
RECOMMENDED ACTION: Adoption of water and wastewater rate ordinance on first reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 3, 2003
Agenda Item: Prepared By: K. Greg Niles
5(J) Date: August 25, 2003
Agenda Section: Discussion
Business:
Subject: Future hearing regarding Department: Community Development
formal administrative position that
Desired amendment to the Esplanade
Project SDP is inconsistent with governing
Development Agreement.
BACKGROUND:
George Varnadoe, Esq., representing A&N of Marco, Inc., has requested that City Council conduct a hearing to review a formal administrative position that a desired amendment to the approved Site Development Plan (SDP-01-07) is inconsistent with the governing Development Agreement for the Esplanade project. The Developer desires to add a new bar/gazebo with outdoor seating. City Council is requested to conduct a review of the formal position rendered by K. Greg Niles, Community Development Director. Copies of the letter of request and the formal position letter are attached for Council's information.
A public hearing on this matter has been scheduled for Council's meeting of Monday, September 15, 2003. A legal advertisement and letters to adjoining neighbors have been prepared and submitted.
RECOMMENDED ACTION:
Confirmation that City Council will hear this request for review at the meeting of September 15, 2003.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 3, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(I) Date: August 25, 2003
Agenda Section:
Business: Discussion
Subject: Request by Christmas Island Style to Department: City Council
Support Community Events
BACKGROUND:
Mr. Dave Rice, Volunteer Chairman of the Christmas Island Style Committee, has requested City support for several Christmas events. The support includes permission to close City streets along the parade route for the Christmas Parade; the use of Mackle Park for the Community Sing Along and Luminaries in the Park; the use of medians dividers on Collier Boulevard for installation of the lighted Angels and Candles; the use of waterways for the Boat Parade; and police and fire support for scheduled events.
In addition, Mr. Rice is requesting that the City assume the financial support previously provided by Florida Water Services, who annually donated $15,000.00 as the Title Sponsor for the event.
RECOMMENDED ACTION: Consideration of request.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 3, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(H) Date: August 28, 2003
Agenda Section:
Business: Resolution
Subject: A Resolution Amending the City of Marco Island Department: City Manager
Personnel Rules and Regulations
BACKGROUND:
On August 20, 2003, City Council approved the acquisition of the Florida Water Service Corporation Utility Systems serving Marco Island and Marco Shores. The Purchase and Sale Agreement provides that the City shall provide Florida Water a written list of all Florida Water employees to whom the City will offer employment upon closing. The written list is to be provided by September 8, 2003. The Agreement provides that the employees designated on the list shall be hired for at least one year after closing at rates of wages or salary and fringe benefits comparable to those being offered by Florida Water. After the first anniversary, the City may then determine its own staffing needs, personnel policies, and employment practices with regard to such employees.
Florida Water has provided a list of employees with their current salaries. City Council has been provided a copy under separate cover letter. Attached is a summary of the fringe benefits provided by Florida Water to its employees.
The City of Marco Island operates under a very different benefit plan. City employees are provided a 25% fringe benefit allowance from which they may then elect to purchase a “cafeteria of benefits” made available to them through the City, such as deferred compensation retirement, health and dental insurance, disability insurance, etc. City staff has concluded that immediate integration of the Florida Water employees into the City’s compensation plan could result in misunderstandings among Florida Water employees and may result in higher costs to the City than other alternatives available.
Until additional information is provided by Florida Water or its employees regarding the specific benefits received by each individual employee, we are proceeding with an assumption that we will not initially offer the 25% fringe benefit allowance, but will instead pay directly the cost of the specific benefits available to each employee. In other words, if Florida Water Services pays $X for employee A’s health insurance and $Y for employee B’s health insurance, then the City will contribute the same amount to the employee’s health insurance. As we proceed through the first year of operations, we can begin to transition the Florida Water employees into the City’s compensation package and make the appropriate adjustments to compensation as may be required.
Because City Council establishes Human Resource Policies, Council is asked to consider several amendments to the City’s Personnel Rules and Regulations. These amendments incorporate necessary changes to provide for the transition of Florida Water employees to the City. Recommended amendments also address other issues that have been considered appropriate since adoption of the initial Personnel Rules and Regulations by Resolution on March 1, 1999.
The attached resolution amends Personnel Rules and Regulations and is summarized as follows:
· The City Manager is authorized to develop appropriate compensation and classifications for water and wastewater utility employees pending integration into the City’s compensation and pay plan.
· For Florida Water Services transitioned employees, the City Manager is authorized to provide and pay for fringe benefits directly in lieu of providing a fringe benefit allowance.
· Amendment to holiday policies for utility employees who work rotation shifts.
· Personal leave days are offered by the City in lieu of the traditional vacation and sick leave days offered by most employers. While employees are encouraged to accumulate personal leave days to cover unexpected periods of illness, employees may elect to convert their personal leave days to cash each year. The amended policy provides that the payment for accumulated personal leave days for those who terminate, retire, or cash in accumulated days, shall be at their regular rate of pay plus the fringe benefit allowance. The amendment also authorizes the City Manager to grant personal leave days immediately upon employment as an incentive for recruitment or to employees as
a bonus for outstanding accomplishments.
· The section on sick leave is deleted. The only sick leave available to employees is through the accumulation of sick leave to firefighters prior to the merging of the Fire District into the City. Provisions for the use of sick leave are provided in the International Association of Firefighters Contract.
· The amendment to retirement simply expands the options that may be offered by the City. Any retirement options, such as the recently approved Retirement Health Savings Plan requires approval by City Council.
· The health and dental insurance section is amended to allow payment of these benefits by the City for the Florida Water transition employees pending integration into the City’s fringe benefit allowance policy.
RECOMMENDED ACTION: Motion to adopt Resolution.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 3, 2003
Agenda Item: Prepared By: Kelly Michele Smith
5(F) Date: August 28, 2003
Agenda Section:
Business: Ordinance – Second Reading
Subject: An ordinance to amend Chapter 54, Article IV (Boat Department: Community Development
Docking Facilities) of the Marco Island City Code
BACKGROUND:
On August 18, 2003 City Council approved on first reading the attached Ordinance amending the City's boat dock regulations.
Attached for consideration on second reading is the proposed amendment.
RECOMMENDED ACTION:
Conduct required public hearing; motion to adopt the ordinance on second reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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