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City Council Meeting
Tuesday, September 7, 2004 at 6:00 PM
Frank E. Mackle Jr. community Park
1361 Andalusia Terrrace
Marco Island, Florida

  THE CITY OF MARCO ISLAND
City Council Meeting Agenda

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

Regular Meeting
   Tuesday, September 7, 2004, 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 h record includes the testimony and evidence upon which the appeal is to be heard.

                
1.  ROLL CALL
2.  INVOCATION AND PLEDGE OF ALLEGIANCE

Pastor Ron Biel, Marco Lutheran Church

3.  APPROVAL OF AGENDA
   
4.  APPROVAL OF MINUTES    
        
(A)     Council Minutes for August 16, 2004 (Special-Called Meeting)
(B)     Council Minutes for August 16, 2004 (Regular Meeting)
(C)     Council Minutes for August 30, 2004 (Workshop Meeting)

5.      BUSINESS

PUBLIC HEARINGS – Tentative Millage Rates and Budgets:

·       ORDINANCE – First Reading & Public Hearing – An Ordinance Determining and Fixing the 2004 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, 2004 and Ending September 30, 2005.

·       ORDINANCE – First Reading & Public Hearing – An Ordinance Adopting the Final Budget for the Hideaway Beach Special Taxing District for the Fiscal Year Commencing October 1,  2004 and Ending September 30, 2005.

ORDINANCE - First Reading - Budget Re-Appropriation Ordinance.

ORDINANCE –  Second Reading & Public Hearing - Petition R-04-02, William G. Morris, Esq., representing “Harbor at South Bridge” (a.k.a. Moran’s Bridge Marina) is requesting a rezone from “A-ST” (rural agricultural/special treatment) to “C-4” (general commercial) for associated hotel parking and ancillary uses on property .54 acre in size, commonly referred to as the east 300 feet of Tract “C”, adjacent to property located at 3200 San Marco Road, further described as Marco Beach Unit 17, Section 13, Township 52 South, Range 26 East, City of Marco Island.

ORDINANCE – Second Reading & Public Hearing - An Ordinance to Amend Parking Regulations.

DISCUSSION – Interlocal Agreement for Hideaway Beach Renourishment.

DISCUSSION – Request for the Marco Island Film Festival for Financial Support.

DISCUSSION – Proposed Utility Rate Index Adjustment.

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 7, 2004

Agenda Item:                                                                                Prepared By:   William P. Harrison
                      5(B)                                                                              Date:         August 19, 2004  
Agenda Section:  
Business:                 Ordinance, First Reading      
Subject:                                                                                         Department:    Finance
              BUDGET RE-APPROPRIATION ORDINANCE        
        

BACKGROUND:  The annual budget for Fiscal Year 2003-04 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 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 all other funds.  The following summarize the significant changes to the City’s 2003-04 budget:

GENERAL FUND:  At the request of the auditors, Debt Service has been eliminated in the General Fund and established as separate funds to account for the interest on and repayment of debt.  Funds to increase General Government are from debt service funds budgeted for a 2004 bond issued delayed to 2005.  Additional funds for the Police and Parks & Recreation departments are for capital expenditure funds brought forward from the prior fiscal year.  Additional funds for the Finance department are for start-up Utility Fund expenses and  are charged back to that fund as administration allocation.

CAPITAL PROJECTS FUND:  In December 2003, voters approved the acquisition of the Park Avenue property and $10 million in bonds were issued for that acquisition.  Approximately $2.8 million in unexpended capital funds from Fiscal Year 2003 have been carried forward to 2004.  Additionally, $884,270 has been reimbursed from proceeds of the Utility Revenue Bonds for acquisition costs paid from the Capital Projects Fund.

BUILDING FUND:  Record levels of building activity in the community have increased expenses for overtime and payments made to Collier County by interlocal agreement.  These added expenses are offset by building permit revenues.

UTILITY FUND:  In November 2003, the City acquired the water and wastewater operations of Florida Water Services Inc. on Marco Island and at Marco Shores, financed by a $101 million bond issue.  Budget amendment also provides funding for approximately 11 months of operation during Fiscal Year 2004.

EMERGENCY FUND:  The Emergency Fund is being used to record expenditures directly related to Hurricane Charley.  This will include both direct expenditures on Marco Island and expenditures for personnel and equipment providing assistance to other jurisdictions.  FEMA will be providing 75% reimbursement of approved costs.

RECOMMENDED ACTION:  Approval of Budget Re-Appropriation Ordinance.





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

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  September 7, 2004

Agenda Item:                                                                                Prepared By:      William P. Harrison
                        5(A)                                                                            Date:                   August 19, 2004        
Agenda Section:                                                                          
Business:               Ordinances, First Reading       
Subject:                                                                                         Department:        Finance
        PUBLIC HEARING:  TENTATIVE MILLAGE RATES AND BUDGETS   
        

BACKGROUND:  Section 200.065, Florida Statutes, governs the budget adoption process.  The Truth in Millage (“TRIM”) statute establishes a detailed time line and approved process which includes the requirement for two public hearings held in the month of September and separate ordinances for establishing mil levies and approval of the annual budget.  The mil levy and budget ordinances are required to be the first item of business on the City Council agenda.  The first public hearing, with first reading of ordinances for the 2004 tax levies and final budgets, establishes the tentative mil levies and budgets and is scheduled for September 7th.  As required by TRIM legislation, all Marco Island property owners have been provided notice of this public hearing on their preliminary tax statements.

The TRIM regulations provide for three separate actions by City Council at the first public hearing as follows:  

First reading of an ordinance adopting the 2004 tax levy and millage rate for General Fund Operations and for Voted Debt Service.

First reading of an ordinance adopting the final budget for Fiscal Year 2004-05 for the City of Marco Island, exclusive of dependent taxing districts.

First reading of an ordinance adopting the final budget for Fiscal Year 2004-05 for the Hideaway Beach Special Taxing District.

At this year’s budget workshop, City Council directed the City Manager to set the maximum millage rate at 1.5400 mils for General Fund Operations and 0.0460 mils for Voted Debt Service.  This combined levy is a 2.1% reduction last year’s tax levy of 1.6200 mils, offsetting the 2.1% maximum allowable increase in the tax value of homesteaded properties.

RECOMMENDED ACTION:  Conduct public hearings required by TRIM legislation and approve on first reading ordinances adopting millage rates and final budgets.








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

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  September 7, 2004

Agenda Item:                                                                                Prepared By: Dana A. Souza, Parks/Rec. Director
                       5(F)                                                                             Date: August 23, 2004  
Agenda Section:                                                                          
Business: Discussion    
Subject: Request by the Marco Island Film Festival                    Department: Parks and Recreation
             For Financial Support     
        

BACKGROUND:

Mr. Nick Campo, President of the Marco Island Film Festival, has requested City support for the 2004 Film Festival. The Marco Island Film Festival is entering its 7th year. The festival attracts approximately 12,000 residents and visitors each year and provides an opportunity to view approximately 80-100 films developed by independent filmmakers.

The support requested includes:

- A cash grant in the amount of  $8,000 through the Festival Assistance Program. Funds to be used to help finance the free “Family Night” at Mackle Park. The total budget for “Family Night” is $14,950. The total budget for the Film Festival is $649,500.

- A service grant in the amount of $60 for the use of Mackle Park as the location for “Family Night”.

Attached, as support information is the Marco Island Film Festival Grant Application and Application Staff Report.





RECOMMENDED ACTION:

- Award an $8,000 cash grant to the Marco Island Film Festival. The cash grant funds will be available after October 1, 2004

- Award a $60 service grant to the Marco Island Film Festival for the use of Mackle Park for “Family Night”

- Authorize the City Manager to enter into a grant agreement with the Marco Island Film Festival for approved grant awards that outlines financial reporting requirements


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

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  September 7, 2004

Agenda Item:                                                                                Prepared By:      William P. Harrison
                           5(G)                                                                         Date:                   August 24, 2004        
Agenda Section:                                                                          
Business:       
Subject:                                                                                        Department:         Finance
                      AMENDMENT TO  UTILITY RATES              
        

BACKGROUND:  At the Special City Council Workshop prior to the August 16th Council Meeting,  Mr. John Darmody of the City’s utility consulting engineer Montgomery Watson Harza presented a status report on the development of the utility master plan.  Mr. Darmody concurred with the financial analysis prepared by Mr. Rob Ori of Public Resources Management Group in recommending an annual indexing of utility rates based on the deflator index of the Florida Public Services Commission.  For this year, that index is 1.6%.  This index will result in increased annual revenues of $240,000 and will be used to supplement current funding for the 5-year capital improvements program of the utility.  $60,000 of those funds will be needed to pay the utility’s costs of the City’s recommended 5% electric franchise fee for undergrounding power lines.

In addition to the indexing, staff is recommending two adjustments to the Utility Rate Schedule:

First, an adjustment to the fees charges for connections and re-connections.  The current fee is $15 per occurrence and does not cover the costs of the employee and vehicle.  We recommend that this fee be increased to $25 and a new “after hours” fee of $50 established for connections and re-connections performed after normal working hours at the request of the customer.  The on-call utility employee is compensated a minimum of two hours pay to respond to an after-hours call for service.

Secondly, we continue to have approximately 1,200 sewer customers on the old flat-rate billing schedule used by the City of Marco Island prior to the acquisition of the Florida Water Services operations.  All other sewer customers are on a monthly base charge plus gallonage usage basis.  We recommend that all sewer customers be charged the base rate plus usage fees.  For a sewer customer with a home with 2-1/2 baths using 6,000 gallons or more of metered water monthly, sewer fees would increase from the current flat-rate of $35.52 monthly to $39.39, prior to indexing.

RECOMMENDED ACTION:  Consensus approval of the City Council to direct staff to prepare the required public notice of rate change and schedule a public hearing for the regular City Council meeting of October 18, 2004.




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



REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  September 7, 2004

Agenda Item:                                                                                Prepared By:    William P. Harrison
                         5(E)                                                                           Date:                 September 1, 2004        
Agenda Section:  
Business:       
Subject:                                                                                         Department:      Finance
              INTERLOCAL AGREEMENT – HIDEAWAY BEACH    
        

BACKGROUND:  By previous action, the City Council has created the Hideaway Beach Special Taxing District and appointed a Board of Directors for the District.  Hideaway Beach has been working with Collier County on renourishment of the beaches adjacent to the Hideaway Beach neighborhood.  

Hideaway Beach has reached an agreement with Collier County on the financing of the beach renoursihment.  Under the terms of the agreement, Hideaway Beach will pay for the sand for the beach renourishment through a special taxing district approved by voter referendum on August 31, 2004. That   portion of the project is estimated at $2 million.  Collier County, through funding by the Tourist Development Tax, will pay for the construction of permanent erosion control structures to replace the current temporary t-groins.  The County’s construction costs are estimated at $2.5 million.   The County and the Tax District will then jointly contribute to required annual monitoring.

The Board of Directors of the Hideaway Beach Special Taxing District met on September 1st and voted to recommend that the City Council approve the Interlocal Agreement.  The Collier County Board of Commissioners has this item scheduled for their September 14th meeting.







RECOMMENDED ACTION:  Approval by the City Council of the Interlocal Agreement for funding of beach renourishment at Hideaway Beach.








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

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  September 7, 2004

Agenda Item:                                                                                Prepared By:  Bryan Milk
                        5(C)                                                                           Date:  August 25, 2004  
Agenda Section:                                                                          
Business: Ordinance – 2nd Reading       
Subject:  Petition R-04-02, William G. Morris as
agent for Moran’s Barge Marina, is requesting
a rezone from A-ST to C-4.                                                         Department: Community Development    
        

BACKGROUND:
William G. Morris, agent for Moran’s Barge Marina located at 3200 San Marco Road seeks to rezone .54 acres from “A-ST” (rural agricultural) to “C-4” (general commercial) for the purposes of providing additional land area to support development of a new hotel project located immediately adjacent to the foot of the Goodland Bridge on San Marco Road.  The petitioner proposes to build a multiple story hotel development on the adjacent 1.46 acres “C-4” marina site and include the subject .54-acre site for additional density, parking, and open space purposes.  Presently, the subject .54-acre site is 300 feet x 75 feet, and consists of mangroves, a gravel parking lot, fuel tanks and a sewage pumping station.  Those existing uses support the current marina, restaurant, and hotel facilities at Moran’s Barge Marina.  

The subject property has been designated as “Community Commercial” through the Comprehensive Plan amendment process. The amended Comprehensive Plan placed three site-specific stipulations on the subject property to govern future development.

The City Council heard this matter at their July 23, 2004 meeting, and finding the rezoning consistent with the Future Land Use Map, voted 4 to 3 for approval, subject to an additional stipulation. The attached Ordinance for adoption provides Council’s conditions for approval and identifies by underline the new stipulation language restricting only hotel and motel uses and their respective accessory, ancillary, and incidental uses on the subject .54-acre site.



RECOMMENDED ACTION:

Conduct required public hearing; motion to approve Petition R-04-02 as presented on second reading, if desired.







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