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
Monday, September 20, 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
Reverend Joy Baumgartner, United Church of Marco Island
3. APPROVAL OF AGENDA
4. PROCLAMATIONS
5. BUSINESS
PUBLIC HEARINGS – Tentative Millage Rates and Budgets:
· ORDINANCE – Second Reading & Public Hearing – An Ordinance Determining and Fixing the 2004 Tax Levy and Millage Rate for the City of Marco Island.
· ORDINANCE – Second 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 – Second 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 - Second Reading - Budget Re-Appropriation Ordinance.
DISCUSSION – Art on the New North Barfield Bridge.
ORDINANCE – First Reading – An Ordinance to Adopt a Franchise Agreement with LCEC.
ORDINANCE – First Reading – An Ordinance to Establish Rules for the Use of City Owned Parks
RESOLUTION – Public Hearing – An appeal filed by Robert and Susan Davidson challenging the approval of Petition No. BD-04-12 by the Marco Island planning Board which granted a 15-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for a 35-foot boat docking facility on property located at 557 Tigertail Court, further described as Marco Beach Unit 11, Block 365, Lot 28, City of Marco Island.
DISCUSSION – Seawall Services Program.
DISCUSSION – Liability for Damage to Swales.
6. CONSENT AGENDA
All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately.
(A) Council Minutes for September 7, 2004 (Regular Meeting)
(B) Award of Contract for North Collier Boulevard Utilities Design.
(C) Award of Contract for Property, Liability, and Workers’ Compensation Insurance.
(D) Award of Contract for Collier Bay Dredging.
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: September 20, 2004
Agenda Item: Prepared By: William P. Harrison
5(B) Date: September 8, 2004
Agenda Section:
Business: Ordinance, Second 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% to 100% 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 20, 2004
Agenda Item: Prepared By: William P. Harrison
5(A) Date: September 8, 2004
Agenda Section:
Business: Ordinances, Second Reading
Subject: Department: Finance
PUBLIC HEARING: FINAL 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 approval 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 was held on September 7th. As required by TRIM legislation, the City published required legal notices in the paper on Wednesday, September 15th.
The TRIM regulations provide for three separate actions by City Council as follows:
Second reading of an ordinance adopting the 2004 tax levy and millage rate for General Fund Operations and for Voted Debt Service.
Second reading of an ordinance adopting the final budget for Fiscal Year 2004-05 for the City of Marco Island, exclusive of dependent taxing districts.
Second 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 second 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 20, 2004
Agenda Item: Prepared By: Dana A. Souza
5(E) Date: September 14, 2004
Agenda Section:
Business:
Subject: Park Rules Ordinance Department: Parks and Recreation
BACKGROUND:
The City of Marco Island Parks and Recreation Advisory Committee (PRAC) initiated discussion with reference to a local Parks Rules Ordinance in April 2003. The decision to develop a Marco Island Parks Rules Ordinance for City Council consideration was manifested by the understanding that the adoption of a local ordinance would best serve Marco Island residents. Upon incorporation, the City adopted the Collier County park use ordinance. Since Collier County manages a large number of parks for a much larger population, the philosophies that guide ordinance development for a large population may differ greatly from those desired for the Marco Island community.
In preparing the draft ordinance, the PRAC reviewed ordinances from several communities, including Collier County, and discussed, in general, the changes that may be appropriate for Marco Island.
Several drafts were prepared for committee review. The PRAC also asked the City Manager, City Attorney and Police Chief to review the draft ordinance for content, language, enforcement and compatibility with other City ordinances.
The City Council discussed the draft Ordinance at their August 2, 2004 meeting. The City Council asked that the PRAC continue with their plan to hold a public meeting on the proposed Ordinance. The PRAC sponsored a Special Public Information Meeting on August 23, 2004. Five members of the public attended and spoke at the meeting. All five were opposed to allowing residents to walk their dogs on leashes within City parks. Two spoke in favor of allowing smoking in designated areas within the parks as opposed to a total prohibition on tobacco products.
At the September 14, 2004 PRAC meeting, the PRAC voted unanimously to amend the proposed language that allowed people to walk their dogs on leashes, favoring language that prohibits dogs at all City parks. The motion was presented by Mr. Pat Reese and seconded by Mr. Jim Curran. Mr. Curran asked that the motion be amended to state the PRAC’s continued support for the development of an off-leash dog park, to be developed somewhere in the City. Mr. Reese amended the motion and it carried unanimously.
The PRAC also discussed the proposed prohibition on tobacco products as opposed to restricting tobacco products in certain areas of City parks. After discussion, the PRAC approved a motion presented by Ms. Cheryl Reinke and seconded by Mr. Jim Curran, prohibiting smoking at all parks. The committee discussed their rational for prohibiting tobacco products from City parks as the need to keep parks clean of tobacco product waste, keep park patrons free of second hand contact with tobacco products as well as a desire to promote a healthy lifestyle to Marco Island Youth. Mr. Pat Reese opposed the motion.
All language changes, proposed by the PRAC since the August 2, 2004 discussion by City Council have been underlined.
RECOMMENDED ACTION:
Discussion / approval of attached Park Rules 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 20, 2004
Agenda Item: 6(D) Prepared By: Rony Joel
Date: September 15, 2004
Agenda Section:
Business: Discussion
Subject: Award of Contract for Collier Creek Dredging Department: Public Works
BACKGROUND:
Bids for this project were opened on August 2, 2004. Three sealed bids for the dredging of Collier Creek were received.
Funds available for this project total $ 331,490.00. Based on an evaluation of bids, including a review of unit prices, contractor resources, and prior performance with the Miami-Dade County Department of Environmental Resources Management, American Environmental Contractors is deemed to be the lowest, most responsive and qualified bidder for this project.
Base Bid Summary Low Bidder # 2 Bidder #3 Bidder
Company Bidding American Environmental Contractors Lake Michigan Contracting Subaqeous Services, Inc.
Total Base Bid Amounts (*) $ 228,000.00 $ 277,500.00 $ 562,000.00
This dredging project, which was identified by the Waterways Advisory committee as an urgent capital improvement, was begun in FY03 and will ultimately result in the reestablishment of a safe and efficient waterway navigation channel, which extends from the Big Marco River through Collier Bay then South to Smokehouse Bay. This navigation channel was originally dredged in the 1970s and over recent years has developed extensive shoals as a result of prior expansions of the flood shoal and side-cast spoil piles from original dredging activities.
The project analysis and design was performed by Coastal Engineering Consultants, Inc (Naples, Fl). We are currently negotiating with CECI to provide services during construction.
RECOMMENDED ACTION:
Award a contract to American Environmental Contractors in the amount of $228,000.00, subject to receipt of environmental permits, and authorize the City Manager to execute the construction agreement.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 20, 2004
Agenda Item: Prepared By: Donald R. Blalock, Zoning Administrator
5(F) Date: August 12, 2004
Agenda Section:
Business: Resolution
Subject: Appeal of Petition BD-04-12 Department: Community Development
BACKGROUND:
Robert and Susan Davidson, neighboring property owners, are appealing the decision of the Planning Board approving petition BD-04-12, which approved a 15-foot extension from the maximum permitted 20 foot protrusion into the waterway to allow for a 35 foot boat docking facility. BD-04-12 was filed by Gulfside Docks & Lifts, Inc., as agent for Fielder Property Inc., property owner, requesting a 15-foot extension from the maximum permitted 20 foot protrusion into the waterway to allow for a 35-foot boat docking facility on property located at 557 Tigertail Court, further described as Marco Beach Unit 11, Block 365, Lot 28, Collier County, and the City of Marco Island, Florida. The proposed boat docking facility is designed to accommodate 3 vessels (65 feet, 23 feet, and 17 feet in length).
The proposed 35-foot docking facility is situated on a 170-foot canal at its narrowest point. The vessel would only protrude approximately 22 percent. The facility is also located at the junction of three waterways, Lewis Waterway, Parkhouse Waterway and Collier Bay. Staff believes that the impact to other traffic will be minimal because;
a) The width of the canal (170 to 190 feet), and
b) The mooring piles will be located northerly of the bend in the canal
The subject property is located on Collier Bay and the Giralda Waterway. The petitioner measured the waterway between the dock and the channel marker to be 303 feet. According to the water depth survey of the subject property submitted by the petitioner, the water depth needed (5.5 feet) to moor the proposed vessel is not reached until 20 feet out from the seawall.
The Planning Board heard this matter at their July 23, 2004 meeting and voted 4-2 to approve petition BD-04-12. Mr. & Mrs. Davidson are exercising their right to appeal the Planning Board’s decision to the City Council acting as the Board of Zoning Appeals. A copy of the staff report to the Planning Board and the approved resolution and conditions is attached for Council’s review. A copy of the Davidson’s appeal is also attached.
RECOMMENDED ACTION:
Hold required public hearing;
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 20, 2004
Agenda Item: Prepared By: A. Rony Joel, Public Works Director
6(B) Date: September 3, 2004
Agenda Section:
Business: Discussion
Subject: Award Contract for North Collier Boulevard Utilities Department: Public Works
Conceptual Design to Kimley Horn as Supplement
To Contract No. 03-003: South Collier Boulevard
Improvements
BACKGROUND:
The scope of service requested to be provided in this Council action is for work originally intended for completion by Tindale-Oliver/Johnson Engineering under their North Collier Boulevard Exhibit A Utility Amendment dated October 14, 2003. The Tindale-Oliver contract was terminated on August 17, 2004.
Kimley-Horn has successfully negotiated and coordinated with all of the City’s utility providers and the City’s Utility Department to ensure proper alignment of all underground utilities along South Collier Boulevard. To ensure consistency and reduce overall costs, the same general alignment will be negotiated, coordinated, and incorporated into the North Collier Boulevard project.
The cost of this assignment is consistent with the fees available from the unused Tindale-Oliver project.
RECOMMENDED ACTION:
Motion to authorize the City Manager to execute a contract with Kimley-Horn for $99,950 for the North Collier Boulevard Utilities conceptual design.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 20, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(G) Date: September 13, 2004
Agenda Section:
Business: Discussion
Subject: Seawall Services Program Department: City Council
BACKGROUND:
At the meeting of September 7, 2004 Councilman Arceri proposed, and City Council agreed, to schedule on the agenda for discussion a seawall services program.
Attached is a summary of the proposed program provided by Councilman Arceri. Also attached is an excerpt of the Waterways Advisory Committee minutes for the meeting of August 25, 2004.
This subject is presented for discussion.
RECOMMENDED ACTION:
Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 20, 2004
Agenda Item: Prepared By: William P. Harrison
6(C) Date: September 14, 2004
Agenda Section:
Business: DISCUSSION
Subject: Department: Finance
AWARD OF CONTRACT: PROPERTY, LIABILITY, WORKERS’ COMPENSATION INSURANCE
BACKGROUND: The City of Marco Island has purchased insurance coverage for property, liability, and workers’ compensation from the Florida Municipal Insurance Trust managed through the Florida League of Cities. The coverages purchased have been traditional insurance, with low deductibles that limit the City’s risk once the premiums have been paid. Coverages expire September 30, 2004. A Request for Proposals for insurance coverages beginning October 1, 2004 was prepared and Ben Few & Company was retained to assist in the review of proposals received and prepare a recommendation for City Council consideration.
The City’s loss history has improved over the past two years, allowing the City to receive competitive proposals from insurance providers.Proposals were received from four companies: Florida Municipal Insurance Trust, Public Risk Insurance Agency, Arthur J. Gallagher, and Public Risk Management of Florida.
Staff recommendation, prepared with the assistance of Ben Few & Company, is to contract with Public Risk Insurance Agency for coverages. The recommended plan combines elements of self-insurance, but protects the City from major catastrophic loss or a series of serious losses. Under this program, the City would retain the first $100,000 per occurrence for property damage and would retain the first $350,000 per occurrence for workers’ compensation losses. To protect the City, we would also purchase an aggregate stop-loss policy that would limit our total losses to $500,000 annually.
In each of the last two years, our total losses have been under $100,000. Under this program, the City could save as much as $250,000 annually in reduced program costs compared to traditional insurance. Mr. Few will be at the meeting of September 20th to discuss the program and recommendations.
RECOMMENDED ACTION: Authorization for the City Manager to contract with Pubic Risk Insurance Agency for property, liability, and workers’ compensation insurance coverages for the fiscal year beginning October 1, 2004.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 20, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(D) Date: September 15, 2004
Agenda Section:
Business: Ordinance – First Reading
Subject: An Ordinance to Adopt a Franchise Agreement Department: City Manager
With LCEC
BACKGROUND:
City Council directed staff to work with Lee County Electric Cooperative, Inc. to provide for the relocation of overhead power lines to underground lines on both North and South Collier Boulevard in conjunction with the City’s rebuilding of the boulevard. The estimated cost to provide underground power lines in conjunction with the reconstruction project is $2.9 million. The future cost to provide forty-two miles of underground three-phase power lines is in the range of $34.6 million, and the cost to provide eighty miles of single-phase lines is approximately $7.4 million.
City Council agreed that a 5% electric franchise fee, which would generate in the range of $1.3 million annually, should be dedicated to pay the cost to install underground power lines. Council agreed to proceed with the underground project subject to final review of a franchise agreement with LCEC.
Attached for consideration by City Council is an ordinance granting to the Lee County Electric Cooperative, Inc. an electric franchise. A summary of the ordinance is as follows:
· The franchise grants a “non-exclusive” right to construct electric facilities and to provide electricity to the City and its inhabitants.
· The franchise is for a period of twenty (20) years with automatic renewals for one ten (10) year extension unless either party provides written notification to the other party at least 180 days in advance of the date of automatic extension, of intent to amend or terminate the franchise.
· LCEC may utilize the public rights-of-way for its facilities.
· If the City requests LCEC to relocate overhead lines to underground lines, then LCEC shall replace the overhead lines with underground lines, and the City shall reimburse LCEC for reasonable engineering and construction costs.
· LCEC shall pay to the City a franchise fee equal to 5% of billed revenues from the sale of electrical energy on a quarterly basis.
· The City agrees that it will not engage in the distribution and/or sale in competition with LCEC of electric capacity and/or electric energy to retail customers.
· Nothing shall prohibit the City from purchasing electric capacity and/or electric energy from others, although LCEC shall have the right to evaluate any offer made by others and to offer similar rates, terms, and conditions.
· Franchise fees collected may be placed in a special utility fund and the expenditures therefrom shall be used to pay the cost of placing current overhead utility facilities underground. All such expenditures shall be an exception to the spending cap.
The attached Franchise Agreement is under review by LCEC at the time of distribution of the agenda. While it is believed that LCEC should find the agreement acceptable, provisions of the agreement may change although substantive changes are not anticipated.
RECOMMENDED ACTION:
Consideration of 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 20, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(C) Date: September 15, 2004
Agenda Section:
Business: Discussion
Subject: Art Work on the New Barfield Bridge Department: City Manager
BACKGROUND:
The new bridge on North Barfield Drive at Tarpon Waterway is under construction and due for completion in mid-October. In developing a conceptual design for the bridge, staff agreed that some type of decorative art in the form of a base-relief sculpture on each end of the bridge would be appropriate. The Public Works Director subsequently sought the advice of others. The Marco Island Foundation for the Arts, a group dedicated to the placement of art in public places, conceived an idea to have artwork created by children. As more people and organizations became involved, a direction was taken that proposed the placement of tiles on each of the 50 bridge posts. A competition would be held at each of the Marco Island schools. Students would be asked to submit a drawing that would be painted on a tile.
Thirty-six of the best drawings would be selected. Thereafter, students would be asked to paint these selected designs on tiles. The best tiles would be selected by the Marco Island Foundation for the Arts and would then be grouped together, six per group. The tiles would receive a polyester clear coat and would then be installed by the City on each of the bridge posts.
Recognizing the uniqueness of this project, City Council is asked to receive a presentation from Kira Krumm, Chair of the Art Selection Committee for the Foundation. Ms. Krumm will display samples of the tile designs and discuss the theme selection process and guidelines for the project.
City Council is asked to consider the appropriateness of the proposed project for the new Barfield Bridge. Council may determine that there are other locations where the proposed artwork will be more appropriate. These alternatives include: other public buildings and park facilities; other public projects such as South Collier Boulevard (enhancements to park benches, concrete waste receptacles, pedestrian nodes, etc.). A summary of the process used for the design and implementation of the art project is attached.
RECOMMENDED ACTION:
Receive presentation and provide further direction.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 20, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(H) Date: September 15, 2004
Agenda Section:
Business: Discussion
Subject: Liability for Damage to Swales Department: City Council
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