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, June 21, 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 Ron Biel, Marco Lutheran Church
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 June 7, 2004 (Special-Called Meeting).
(B) Council Minutes for June 7, 2004 (Regular Meeting).
(C) Council Minutes for June 8, 2004 (CIP Workshop).
(D) Council Minutes for June 10, 2004 (Budget Workshop).
(E) Award of Contract for Utility Design Services - South Collier Boulevard.
(F) Amended Award of Contract - ASR Wells.
(G) Award of Contract - Auditing Services.
(H) Approval of Roadway Functional Classifications.
5. PRESENTATIONS
(A) Employee Longevity Awards.
6. BUSINESS
DISCUSSION - Appointment of Boards and Committees.
1. Planning Board
2. Code Enforcement Board
3. Beach Advisory Committee
4. Beautification Advisory Committee
5. Parks & Recreation Advisory Committee
6. Waterways Advisory Committee
DISCUSSION - City Manager Performance Evaluation.
ORDINANCE - Second Reading & Public Hearing - An Ordinance to Amend Maximum Pool Deck Elevations.
ORDINANCE - Second Reading & Public Hearing - An Ordinance to Amend Existing Sea Wall Regulations.
DISCUSSION / ORDINANCE - First Reading - An Ordinance to Establish Lethal Palm Yellowing Regulations.
RESOLUTION - A Resolution Endorsing the 2004 Membership Reapportionment Plan of the Collier County Metropolitan Planning Organization.
RESOLUTION - A Resolution Authorizing the Levy of a Special Ad Valorem Tax Within the Hideaway Beach District and the Issuance of General Obligation Bonds for the Hideaway Beach District.
DISCUSSION - Amending Parking Ordinance, re: Swales.
DISCUSSION - Christmas Island Style Request.
DISCUSSION - Cancellation of July 19th Meeting.
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: June 21, 2004
Agenda Item: Prepared By: Bryan Milk, City Planner
6(D) Date: June 9, 2004
Agenda Section:
Business: Ordinance – 2nd Reading
Subject: Amendment to existing seawall regulations, Department: Community Development
Chapter 6, Marco Island Code of Ordinances
BACKGROUND:
Staff has prepared an ordinance to amend existing seawall regulations (Ordinances 85-2 and 86-5 as adopted by reference in Chapter 6) in order to provide specificity for seawall cap height and panel reinforcement. The existing ordinances do not restrict the overall maximum seawall cap height, and through complaints from surrounding neighbors, it has been brought to our attention that new seawalls are being constructed significantly higher than existing seawalls, causing challenges for abutting properties relating to stormwater runoff, erosion, aesthetics, and new dock construction.
The attached ordinance restricts the overall seawall cap elevation for all new, reconstructed, or repaired seawalls on natural bays, rivers and channels to 5.5 feet N.G.V.D. and provides the ability to increase the minimum seawall cap height from 4.5 feet N.G.V.D. to 5.5 feet N.G.V.D. on manmade canals. This change will regulate island wide seawall cap heights in canals and along the river at a maximum elevation of 5.5 feet N.G.V.D. for consistency, uniformity, and design purposes. Additionally, staff has provided minimum specifications pursuant to industry standards for rebar size and spacing criteria utilized for new concrete seawall panel construction.
City Council considered the ordinance at the June 7, 2004 meeting and voted unanimously to recommend approval on first reading. Local marine contractors have discussed the proposed changes with staff and indicated their support of the proposed changes.
RECOMMENDED ACTION:
Conduct public hearing; motion to adopt ordinance on second reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 21, 2004
Agenda Item: Prepared By: William P. Harrison
5(G) Date: June 11, 2004
Agenda Section:
Business: BUSINESS
Subject: Department: Finance
CONTRACT FOR AUDITING SERVICES
BACKGROUND: Under Florida law, cities must have an annual audit of their financial records performed by an independent Certified Public Accountant. For the first six years of the City’s existence, that work has been performed by Purvis Gray & Company. Auditors are selected by, and report directly to, the City Council. In previous action, City Council has appointed an Auditor Selection Committee to solicit proposals for auditing services, interview finalists, and recommend an audit firm to the City Council to audit the financial records of the City for the next three years. Council appointed the following committee members:
Terri DiSciullo, City Council Chairwoman
Sue Itayem, Citizen Member
Roger Reinke, Police Chief
Bill Harrison, Finance Director
The committee prepared a Request for Proposals and received proposals from Purvis Gray & Company and CPA Associates. Major national audit firms will no longer bid for work where annual audit fees are less than $100,000. The committee interviewed both firms on June 7, 2004.
The Auditor Selection Committee is recommending that City Council retain CPA Associates to perform annual financial audits of the City for the next three years. The committee makes this recommendation based on the following primary reasons: CPA Associates stressed the use of technology in their audit work, Purvis Gray & Company has done the audit for the past six years and a fresh look at our financial records would be beneficial, and CPA Associates has direct experience in utility acquisition from serving as auditors to the City of North Port when that city acquired a private water and sewer utility.
The fee quoted by CPA Associates for the first year of the engagement is $33,100 compared to $27,300 from Purvis Gray & Company. All references on CPA Associates have been favorable.
RECOMMENDED ACTION: Authorization for the City Manager to execute a contract with CPA Associates to audit the financial records of the City for the three fiscal years beginning with the fiscal year ending September 30, 2004.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 21, 2004
Agenda Item: Prepared By: K. Greg Niles
6(C) Date: June 11, 2004
Agenda Section: Ordinance – 2nd Reading
Business:
Subject: Amendment to maximum pool deck heights Department: Community Development
BACKGROUND:
At the June 7, 2004 City Council adopted on first reading an ordinance to amend the applicable footnote addressing maximum height of pool decks. The footnote language has been expanded to cover pools located in either AE or VE flood zones, and has been amended to allow the maximum pool deck height in an AE flood zone to a point that does not exceed the adopted Base Flood Elevation (BFE), or the BFE considered the best available data.
The attached ordinance is presented for consideration and adoption on second reading.
RECOMMENDED ACTION:
Conduct required public hearing; motion to adopt ordinance on second reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 21, 2004
Agenda Item: Prepared By: Dana A. Souza, Parks & Recreation Director
6(I) Date: June 14, 2004
Agenda Section:
Business: Discussion
Subject: Request by Christmas Island Style Department: Parks and Recreation
to 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 median 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.
Mr. Rice has requested through the Festival Assistance Program, $15,000 to support Christmas Island Style. The City provided $15,000 for the 2003 event.
In addition, Mr. Rice has requested a “Service Grant” totaling 100% of City Services. Service Grants (for in kind services) are available for up to 50% of City services provided to events. City services include:
Police Department - $1,761.54 – Boat Parade and Street Parade
Parks and Recreation Department - $800 – Bleacher relocation
Total $2, 561.54
RECOMMENDED ACTION:
l Grant permission to close City Streets along the parade route, permit the use of Mackle Park for
the Community Sing Along and Luminaries; permit the use of median dividers for the lighted
Angels and Candles, permit the use of waterways for the Boat Parade; and grant police and fire
support for scheduled events.
l Award a $15,000 cash grant to Christmas Island Style. The cash grant will be available after
October 1, 2004.
l Award a $2,561.54 service grant to Christmas Island Style.
l Enter into a contractual agreement with Christmas Island Style outlining financial reporting
requirements.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 21, 2004
Agenda Item: Prepared By: K. Greg Niles
6(E) Date: June 14, 2004
Agenda Section: Discussion/Ordinance-1st Reading
Business:
Subject: An Ordinance to Address Palm Lethal Department: Community Development
Yellowing (PLY) Disease
BACKGROUND:
Palm Lethal Yellowing (PLY) is an infectious disease spread by insects that affects 38 known species of palms, especially coconut and Christmas palms. Because of the potential for the rapid spread of the disease an ordinance specifically aimed to identify and contain PLY is proposed for Council’s consideration. Both Collier County and the City of Naples, which has been greatly affected by the disease, have strong ordinances currently in place. While there has been limited history of PLY on Marco Island, we are vulnerable to the disease, and without an ordinance providing for emergency actions, could unnecessarily delay preventative measures that would limit exposure and loss of trees.
As time is of the essence once PLY is detected, the proposed ordinance will allow the city manager the ability to declare a “localized state of emergency”, granting broad powers to abate infected trees and to institute mandatory inoculation within designated areas with and without the cooperation of property owners. As a rule of thumb the “designed area” subject to the localized state of emergency would be 300 feet surrounding the site of infection.
PLY can be controlled through routine inoculation, and all property owners should incorporate inoculations into their landscape maintenance program. However, once an infection occurs mandatory inoculations are needed to contain the spread of the disease. Staff will work with the public to disseminate information concerning PLY for education and prevention purposes.
The attached ordinance is presented for discussion, and consideration on first reading if desired by City Council. The Beautification Committee has recommended that an ordinance be enacted specifically to address PLY, and may provide additional comments prior to consideration on second reading. Additional comments from legal staff are anticipated.
RECOMMENDED ACTION:
Discussion; motion to adopt ordinance on first reading, if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 21, 2004
Agenda Item: Prepared By: Bruce Weinstein, P.E., Utility Engineer
5(E) Date: June 15, 2004
Agenda Section:
Business – Discussion
Subject: Contact Award for Phase 2 Utility Relocations Department: Marco Island Utilities
For South Collier Boulevard
BACKGROUND:
The relocation of the utilities along South Collier Boulevard from Winterberry Drive to San Marco Road was split into two phases. Phase 1 was for the preparation of a preliminary design report that included locating all the utilities, videos of suspect sewer lines, preliminary utility design, and incorporating future utility requirements. The Phase 1 report also provided an estimate of $2,660,000 to construct the required public utility relocations.
Phase 2 includes preparation of final design drawings for construction and preparation of Florida Department of Environmental Protection (FDEP) permit applications for the construction of the potable water main, sewer main, water reuse line, and gravity sewer lines.
Staff has reviewed the proposal by Kimley-Horn to provide the scope of services for Phase 2. The only FEDP permit preparation work referenced in the proposal was for the potable water main and sewer main. Discussions with the Project Manager at Kimley-Horn confirmed that the estimated cost of $234,630 does include the costs to prepare the FDEP permits for the water reuse line and gravity sewer lines if they need to be relocated.
RECOMMENDED ACTION:
Approve the award of the contract to Kimley-Horn for the Phase 2 scope of services with a not to exceed limit of $234,630.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 21, 2004
Agenda Item: Prepared By: Bruce Weinstein, P.E., Utility Engineer
5(F) Date: June 15, 2004
Agenda Section:
Business – Discussion
Subject: Contact Award to Install Three Aquifer Storage Department: Marco Island Utilities
And Recovery Wells at Marco Lakes
BACKGROUND:
As part of the need to increase the raw water supply for Marco Island during the dry season, City Council approved on May 24, 2004 the award of a design-build contract for expansion of the existing Aquifer Storage and Recovery System at Marco Lakes to Water Resource Solutions (WRS). The award included fixed labor costs of $538,387 for design, permitting, and construction oversight services with a maximum upper limit of $2,600,000 for the installed system.
The most expensive element of the project is the drilling cost for installation of the three Aquifer Storage and Recovery wells (ASR wells). WRS had requested bids from six drillers; three drillers declined to provide bids. Of the three bids received, Southern Well Services satisfied the specifications with the lowest cost totaling $1,074,425 plus an optional $22,250 to partially plug the upper zone of one existing onsite monitoring well. The drilling cost includes several items that may not be required so the total cost for the drilling services may be less than $1,074,425.
The contract to be signed with WRS includes a management and ownership fee of 15% on equipment and construction. By having the City of Marco Island (City) contract directly with Southern Well Services the City will save the 15% fee or about $160,000. The contract with WRS will contain a line item for payment of management services at applicable billing rates with a total cost of about $40,000. This approach of contracting will save the City approximately $120,000.
RECOMMENDED ACTION:
Approve a separate contract with Southern Well Services for $1,096,675 for drilling services and issue the contract to WRS with an upper limit of $2,600,000 less the actual cost of the drilling services.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 21, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(A) Date: June 14, 2004
Agenda Section:
Presentations
Subject: Employee Longevity Service Awards Department: City Manager
BACKGROUND:
The following employees are to be recognized for their years of service to the City of Marco Island:
Employees with 5 years of service:
John Goodspeed, Chief of Code Compliance
Betty Larson, Assistant Permit Clerk
Nancy Richie, Environmental Specialist
Angelo Ubertaccio, Public Works Superintendent
Employees with 15 years of service:
Jeff Kutzke, Fire/Rescue Captain
Jerry Adams, Driver Engineer
Employees with 20 years of service:
Ken Alford, Driver Engineer
Steve Fickling, Driver Engineer
RECOMMENDED ACTION: Present longevity awards.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 21, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(A) Date: June 9, 2004
Agenda Section:
Business: Discussion
Subject: Appointments to the Code Enforcement Board Department: City Council
BACKGROUND:
This subject was originally scheduled for June 7, 2004 and was deferred to this meeting.
City Council is asked to consider the appointment of six citizens to the seven-member Code Enforcement Board.
Chapter 14, Article II of the City Code provides for a seven-member Code Enforcement Board. Members are appointed for a term of three years on a staggered basis. The Code provides that all members of the Board shall be permanent residents and electors of the City and shall serve without compensation.
Chapter 2, Article IV of the City Code provides that each council member shall reserve the right to recommend the appointment of one member. City Council may accept or reject the recommendation offered by the council member. The term of office of the Board shall expire on the first day of June. If a reappointment or replacement is not made prior to or at the expiration of the term of office, the member shall continue to serve until a reappointment or replacement is made.
The Code provides that appointment of members to the Board shall be made on the basis of experience or interest in the fields of zoning and building control, or other areas as are relevant to the codes or ordinances of the City to be enforced. The membership shall, whenever possible, include, but not be limited to, an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.
James Kennedy (appointed by Kelber) is the only remaining member of the Code Enforcement Board whose term has not expired and who has indicated a willingness to continue service on the Board.
Chapter 162.01 provides for staggered terms for the Code Enforcement Board with initial appointment of two members for a term of one year, three members for a term of two years, and two members for a term of three years. Assuming that Mr. Kennedy shall have a term to expire in one year (June 2005), City Council should select one citizen to serve a one-year term, three citizens to serve a two-year term, and two citizens to serve a three-year term. While at City Council’s discretion, the following suggestion is offered:
One-Year Term: Appointed by Arceri
Two-Year Term: Appointed by DiSciullo, Patterson, Trotter
Three-Year Term: Appointed by Tucker, Minozzi
(Three-year term to most senior reelected Councilors, two-year term to recently re-elected or elected Councilors, and names drawn for remaining two and one-year terms.)
The following citizens have indicated specific interest in serving on the Code Enforcement Board:
Tarik N. Ayasun (Member of CEB since 2003)
Charles E. Hughes (Member of CEB since 1998)
Sal Sciarrino (Member of CEB since 2002)
Heyward E. Boyce (City Councilman from March 2000 to March 2004)
Gil Mueller (Member of Parks & Recreation Advisory Committee since March 2002)
Jack Patterson (Member of Parks & Recreation Advisory Committee since March 2002)
Phyllis Borr
Paula Camposano-Robinson
Robert A. Costa
John DeRosa
Ronald Hobson
Hans Hoenig
Brian W. Moss (per telephone confirmation)
J. Daniel Reiley
Wilfred Uhl
The following citizens have expressed interest in serving on any of the City’s boards or committees:
Richard G. Adams
Beverly Andrews
Don E. Henderson
Mary Ann Maniace
Richard L. Tower
RECOMMENDED ACTION:
Appointment of six citizens to the Code Enforcement Board.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 21, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(A) Date: June 9, 2004 &nbs | 
