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, October 18, 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 Dean Dalrymple, United Church of Marco Island
3. APPROVAL OF AGENDA
4. 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 October 4, 2004 (Regular Meeting)
(B) Award of Contract – Arial Platform Fire Truck
5. BUSINESS
ORDINANCE – First Reading – An Ordinance to Create an Arts Advisory Committee.
ORDINANCE – First Reading – An Ordinance to Establish Property Owner Responsibility for Utility Bills.
RESOLUTION – Public Hearing – Amendment to Utility Rates.
RESOLUTION – Hideaway Beach Tax District Reimbursement.
DISCUSSION – Beach Access.
DISCUSSION – Marco Island’s 40th Anniversary Celebration.
DISCUSSION – Post-Disaster Reconstruction.
DISCUSSION – Status Report on Code Enfor cement of Illegal Dock.
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: October 18, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(F) Date: September 30, 2004
Agenda Section:
Business: Discussion
Subject: Marco Island’s 40th Anniversary Celebration Department: City Manager
BACKGROUND:
City staff has been working with the Marco Island Chamber of Commerce to develop a program to celebrate Marco Island’s 40th Anniversary.
A large event is planned to be held at the Marco Island Marriott Resort, Golf Club & Spa on Friday, January 28, 2005. All members of the community will be invited to attend.
The organizers of the event agreed to solicit sponsorships to help offset the cost of the celebration. City Council is asked to consider a contribution for the 40th Anniversary Celebration.
RECOMMENDED ACTION:
Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 18, 2004
Agenda Item: Prepared By: William P. Harrison
5(B) Date: October 1, 2004
Agenda Section:
Business: ORDINANCE
Subject: Department: Finance
PROPERTY OWNERS RESPONSIBLE FOR UTILITY BILLS
BACKGROUND: Under current utility billing practices, carried forward from Florida Water, a renter of a property is allowed to establish a utility account in the renter’s name. A $125 deposit is required for the account. Under Florida law, we have limited options to collect unpaid balances in excess of the deposit when the tenant vacates the property. Water service to a new tenant cannot be discontinued, nor can a lien be placed on the property for the unpaid balance. To reduce the exposure of lost revenues from renters without implementing excessively high deposits, cities use collection agencies to recover unpaid balances, but results are limited. The write-off of bad debts are costs that must be passed on the all customers of the utility.
Other cities have addressed this problem with a requirement that utility accounts be in the name of the property owner. Our billing system has the ability to record the account in the name of the property owner, but send bills to the tenant, with a courtesy copy to the owner to monitor the status of the account. Rob Ori, our utility financial consultant, recommends this approach. This action would not affect any current tenant accounts, and would only be used after December 1, 2004 for new accounts.
Staff recommends approval of the attached ordinance.
RECOMMENDED ACTION: Consideration of the ordinance.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 18, 2004
Agenda Item: Prepared By: William P. Harrison
5(D) Date: October 5, 2004
Agenda Section:
Business: RESOLUTION
Subject: Department: Finance
HIDEAWAY BEACH TAX DISTRICT REIMBURSEMENT
BACKGROUND: In August of this year, residents of Hideaway Beach voted to tax themselves for renourishment of their beaches. This action was based on an interlocal agreement with Collier County that provides County funding for the construction of T-groins along the beach but requires that local revenues be used for beach renouishment. The Board of Supervisors of the Hideaway Beach Tax District has passed a resolution to issue bonds in the maximum amount of $2.9 million as authorized by the referendum to finance the work; bond validation with the Collier County District Court has been scheduled for November 1st.
Collier County is currently in the process of bidding both the beach renourishment and construction of the T-groins. The interlocal agreement with the County requires that funds for renourishment be on deposit with the County prior to the award of contract. To allow for work to be completed prior to next year’s turtle nesting season starting on May 1, 2005, City Council has agreed to advance the funds to Collier County on behalf of the Hideaway Beach Tax District. Funds will be reimbursed to the City from bond proceeds.
The attached resolution has been prepared by bond counsel to meet requirements of tax exempt financing. A companion resolution has been prepared and will be adopted by the Hideaway Beach Tax District at their next meeting.
RECOMMENDED ACTION: Consideration of the attached resolution, advancing funds to Collier County for beach renourishment with reimbursement from Hideaway Beach Tax District bond proceeds.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 18, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(A) Date: October 11, 2004
Agenda Section:
Business: Ordinance, First Reading
Subject: An Ordinance to Create an Arts Advisory Department: City Council
Committee
BACKGROUND:
On September 20, 2004 City Council agreed that the topic of “Art in Public Places” should be placed on a future agenda to discuss art policies. On October 4, 2004 City Council was provided copies of ordinances and policies from other communities concerning public art. After discussion Council agreed to consider an ordinance to create an Arts Advisory Committee for the purpose of advising City Council on artistic and other cultural programs. City Council asked the City Manager to prepare an ordinance to create an Arts Advisory Committee that incorporated the ideas expressed by City Council.
Most advisory committees are established under the guidelines of Chapter 2, Article IV of the City Code. That chapter provides that boards and committees may be established by ordinance or resolution at the discretion of City Council and that such ordinance or resolution shall describe the duties and the qualifications of its members. While this section covers qualifications, terms, method of appointment, etc., City Council expressed an interest in appointing members to the Committee by majority vote without a nomination by each councilor. It is, therefore, appropriate to consider creating the Arts Advisory Committee by ordinance rather than resolution.
The attached ordinance creates the Arts Advisory Committee. The purpose of the Committee is to advise the City Council on: public places that should be considered for artwork; the appropriateness of artwork to be located within a public space; the criteria to accept donated art; the support and promotion of visual arts, theater, dance, film, music, literature, and other cultural activities and events. The Committee shall consist of seven members. Unlike other committees, where all members are required to be residents and electors, the attached ordinance provides that at least five members shall be residents of the City and shall be registered electors. This will allow City Council to appoint non-residents, including those that live outside the City or own property in the City, but are not considered “residents.”
Rather than designating appointees to be from specific organizations which may change over time, the ordinance does not designate that members shall be from specific organizations, but such options are always available to City Council. Furthermore, the ordinance provides that City Council may appoint ex-officio members, including members or representatives of other organizations whose purpose is to advance culture within Collier County.
The term of members is two years and will expire at the same time as those serving on other committees.
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: October 18, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(E) Date: October 11, 2004
Agenda Section:
Business: Discussion
Subject: Beach Access Department: City Manager
BACKGROUND:
On October 4, 2004 Councilman Tucker requested and City Council agreed to schedule for discussion the subject of beach access, including a legal review of the subject under consideration by the Collier County Board of Commissioners.
On September 14, 2004 the Board of Commissioners considered a public petition request submitted by Mr. James F. Ciolino. Mr. Ciolino provided to the Commissioners a packet of information regarding Marco Island beach parking, beach access, and beachfront ownership. The Board directed the County Attorney to review the packet of information and to report back to the Board at their meeting of October 26, 2004.
City Council asked the City Attorney to review the information, discuss the issue with the County Attorney, and be prepared to provide recommendations to City Council as deemed appropriate.
RECOMMENDED ACTION:
Discussion and further direction.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 18, 2004
Agenda Item: 5(G) Prepared By: K. Greg Niles
Date: October 12, 2004
Agenda Section: Discussion
Business:
Subject: Post-Disaster Reconstruction Department: Community Development
BACKGROUND:
During the public comment portion of the last City Council meeting Mr. Joseph Oliverio raised a question about the City’s policies for reconstruction/repair of structures damaged by storm events. Mr. Oliverio had a gazebo structure on his dock that was swept into the adjoining canal during Hurricane Charley. The structure was subsequently secured by the Fire-Rescue Department. Council requested this topic be placed on a future agenda for discussion.
Sec. 6-177(b) of City Code outlines the City’s buildback policy for structures damaged by natural or manmade disasters. The policy allows for substantially damaged structures to be rebuilt to their pre-storm condition, provided there is legal documentation (i.e., previously issued building permit) to guide the reconstruction. Further, the policy allows for, “buildings and structures that are not in compliance with current setback regulations and which can be proven to have been legally permitted prior to the adoption of such regulations shall be considered legally non-conforming and may also be reviewed by the city manager or designee under this section.” If Mr. Oliverio can provide documentation that the gazebo structure was lawfully permitted, it can be reviewed under the buildback policy.
In 1998 City Council adopted an ordinance to prohibit the construction of boathouses, boat covers, and other structures extending over water. With evidence of a prior building permit structures, including the subject gazebo, are considered non-conforming structures. And again, non-conforming structures damaged by storms can be rebuilt under the terms of the post-disaster redevelopment ordinance. However, if structures were built without a building permit, then they fail to qualify as non-conforming, and therefore cannot be rebuilt under the buildback policy. There is no evidence that the
gazebo in question was a lawfully permitted structure.
Notwithstanding the above discussion, under Sec. 54-116 (Boathouses) a boathouse or gazebo that was not lawfully permitted, but documented to be in existence prior to September 21, 1998, may be repaired or rebuilt following a public hearing by both the Planning Board and approval by City Council acting as the Board of Zoning Appeals.
RECOMMENDED ACTION: Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 18, 2004
Agenda Item: Prepared By: K. Greg Niles
5(H) Date: October 13, 2004
Agenda Section:
Business: Discussion
Subject: Outstanding Code Enforcement Fines Department: Community Development
BACKGROUND:
At the October 4, 2004 meeting City Council requested the City Attorney to prepare for a discussion on outstanding code enforcement fines, and the mechanisms available to local governments to assure collection of such fines. In one particular case the party found to be in violation by the Code Enforcement Board continues to accrue fines at a rate of $100 per day. By letter the party was informed in April that fines accrued were in excess of $40,000 (see attached). As the violation remains unabated additional fines have accrued. As of October 13th the total amount of fines accrued was $60,000.00
The City Attorney has been requested to prepare a memorandum that will address options available to (1) collect upon the fines accrued and (2) to cause the physical abatement of the outstanding violation to obtain compliance.
RECOMMENDED ACTION:
Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 18, 2004
Agenda Item: 4(B) Prepared By: Michael D. Murphy, Fire-Rescue Chief
Date: October 12, 2004
Agenda Section:
Business: Discussion
Subject: Award of Contract for Purchase of Aerial Department: Fire-Rescue
Platform Apparatus
BACKGROUND:
During the FY 05 budget process the Fire-Rescue Department proposed the purchase of a new ALS Aerial Platform Apparatus to replace the straight-aerial apparatus (ladder truck) that was acquired in 1997. Proposed during the budget workshop was the acquisition through a seven-year lease-purchase agreement, with the trade value to fund payments for the first two years. Therefore, no funds were allocated in this year’s budget.
The ALS Aerial Platform Apparatus has several advantages. These include:
· The aerial bucket allows for easier rescue of individuals from upper floors.
· Better compartmentalization for use as a paramedic vehicle.
· A foam system may be utilized to protect building surfaces and to extinguish boat fires.
· As the current ladder truck ages, repair costs will continue to escalate. The new vehicle will have a ten-year all-wheel steer maintenance program from the manufacturer.
· Reduction in out-of-service time for maintenance.
· Current apparatus has a good market value of $250,000 with an anticipated annual depreciation of 10%.
· The aerial platform has a capacity for four people, advanced technology and safety, and a higher pumping capability.
Proposed is the utilization of the Lake County, Florida contract (piggy-back) for the purchase of this apparatus. The contract provides for a 4% over dealer cost on the base vehicle and 10% over dealer cost on options, for a total cost of $806,030, less trade-in of $250,000 and a $21,751 prepayment discount. Delivery of the new unit is anticipated by July of 2005. The Finance Director recommends that the vehicle be acquired through a lease-purchase agreement in the amount of $550,000 payable over a seven-year period utilizing fire impact fees ($241,000) and General Funds ($292,000).
RECOMMENDED ACTION:
1. Award of contract to Ten-8 Fire Equipment for the purchase of a new 85-foot aerial platform apparatus in the amount of $806,030, less prepaid chassis discount ($21,751) and the trade-in of the 1997 ladder truck ($250,000).
2. Approve budget adjustment for FY 05 for the first year’s lease purchase payment of approximately $95,000 utilizing fire impact fees.
3. Authorize the City Manager to enter into a lease-purchase agreement through a financing institution in the approximate amount of $535,000.
Reviewed by Department Director Reviewed by City Manager
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