THE CITY OF MARCO ISLAND
City Council Meeting Agenda
Chairwoman: Vickie Kelber
City Council: John A. Arceri, Terri DiSciullo, 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 6, 2005, 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 Island Lutheran Church
3. APPROVAL OF AGENDA
4. CONSENT AGENDA
All matters listed under this item are considered routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of Council, that item(s) will be removed from the Consent Agenda and considered separately.
(A) Council Minutes for August 15, 2005 (Budget Workshop Meeting)
(B) Council Minutes for August 14, 2005 (Regular Meeting)
(C) Award of Contract – Bald Eagle Drive Turning Lane
(D) Award of Contract – Vacuum Truck
(E) Grant of Utility Easement to LCEC
(F) Fire-Rescue Labor Agreement
5. SUMMARY AGENDA
All matters listed under this item are Ordinances and Resolutions that have a recommendation of approval from staff; unanimous recommendation for approval by the Marco Island Planning Board of all members present and voting, or other authorizing agency; no written or oral objections to the item received by staff or the Planning Board prior to the commencement of the Council meeting on which the items are scheduled to be heard; and no individuals are registered to speak in opposition. For those items that are quasi-judicial in nature, all participants must be sworn in. If discussion is desired by a member of Council, that item(s) will be removed from the Summary Agenda and considered separately.
(A) ORDINANCE – Second Reading and Public Hearing – An Ordinance to Establish New Administrative Code.
(B) RESOLUTION – Ad Valorem Tax Bill Collection of Sewer Assessments
(C) RESOLUTION – A Resolution to Amend Racquet Center Fees
6. BUSINESS
PUBLIC HEARINGS – Millage Rates and Budgets:
· ORDINANCE – First Reading & Public Hearing – An Ordinance Determining and Fixing the 2005 Tax Levy and Millage Rate for the City of Marco Island.
· ORDINANCE – First Reading & Public Hearing – An Ordinance Determining and Fixing the 2005 Tax Levy and Millage Rate for the Hideaway Beach Special Taxing District.
· ORDINANCE – First Reading & Public Hearing – An Ordinance Adopting the Final Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2005 and Ending September 30, 2006.
· 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, 2005 and Ending September 30, 2006.
ORDINANCE - First Reading – Budget Re-Appropriation Ordinance.
ORDINANCE – First Reading – An Ordinance Amending Parks Rules by Adding Designated Smoking Areas.
ORDINANCE – First Reading – An Ordinance Amending the Sidewalk Maintenance Ordinance.
DISCUSSION – New Fee Schedule for Development Review and Permitting Services.
DISCUSSION – Enforcement of Irrigation Restrictions and Sidewalk Encroachment Regulations.
DISCUSSION – Council Participation via Telephone.
DISCUSSION – City Manager Annual Performance Review.
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.
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 6, 2005
Agenda Item: Prepared By: William P. Harrison, Finance
Director 6 ( D ) Date: August 12, 2005 |
Agenda Section: Business: Ordinance – First Reading |
Subject: Sidewalk Ordinance Department: Finance |
BACKGROUND:
In 1999, the City Council approved Ordinance 99-2, requiring property owners to maintain sidewalks in the public rights-of-way adjacent to their property. There has been a recent case in Florida’s Third District Court, DelRio v. City of Hialeah, that held that a City, by ordinance, may create an independent cause of action against the owner of a property which abuts a city sidewalk, if some act on their part created a dangerous condition on the sidewalk.
The attached ordinance amends our current code and is modeled after the City of Hialeah ordinance that was upheld by the court. The most common cause of injury on city sidewalks is a trip and fall by a person, commonly elderly, in an area where tree roots from a tree planted by a property owner too close to the sidewalk has elevated one section of the sidewalk, causing a pedestrian hazard. This ordinance will serve to protect the City’s self-insurance program by transferring the liability to the property owner causing the dangerous condition.
This article also addresses the maintenance of encroachments into the sidewalk. This Section will be discussed in a separate agenda issue.
RECOMMENDED ACTION:
Adopt ordinance to amend the sidewalk maintenance 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 6, 2005
Agenda Item: Prepared By: William P. Harrison 6 ( A ) Date: August 12, 2005 |
Agenda Section: Business: ORDINANCES, FIRST READING |
Subject: Department: Finance PUBLIC HEARING: MILLAGE RATES AND BUDGETS |
BACKGROUND: Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statute established a detailed time line and approval process that includes the requirement for two public hearings held in the month of September and separate ordinances for establishing tax levies and approval of annual budgets. The TRIM regulations provide for four separate actions by City Council as follows:
First reading of an ordinance adopting the 2005 tax levy and millage rate for General Fund Operations and for Voted Debt Service. The operating tax levy of 1.4430 mils shown in the ordinance, combined with the 0.095 mil debt service levy, represents the 3% reduction in the tax rate as the maximum reported to the Collier County Appraiser on August 1st. At the budget workshop, the City Council discussed reducing the operating levy to 1.3500 mils, which would represent a 8.9% reduction in the City’s tax levy from 2004. The City Council may reduce, but may not increase, the tax levy identified in the proposed ordinance.
First reading of an ordinance adopting the 2005 tax levy and millage rate for the Hideaway Beach Special Taxing District. The Board of Supervisors of the Taxing District has recommended a tax levy of 1.75 mils to meet debt service requirements and to fund an annual storm reserve of $200,000.
First reading of an ordinance adopting the final budget for Fiscal Year 2005-06 for the City of Marco Island, exclusive of dependent taxing districts.
First reading of an ordinance adopting the final budget for Fiscal Year 2005-06 for the Hideaway Beach Special Taxing District.
RECOMMENDED ACTION: Conduct public hearings required by TRIM legislation and approve, on first reading, ordinances adopting tax levies and 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 6, 2005
Agenda Item: Prepared By: William P. Harrison 6 ( B ) Date: August 12, 2005 |
Agenda Section: Business: ORDINANCE, FIRST READING |
Subject: Department: Finance BUDGET RE-APPROPRIATION ORDINANCE |
BACKGROUND: The annual budget for Fiscal Year 2004-05 was approved by the City Council in September of last year. The approved budget may only be amended by a re-appropriation ordinance. Any budget amendments must maintain compliance with the Spending Cap. Budget control 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 2004-05 budget:
CAPITAL PROJETS FUND: Proposed budget amendment is to add unexpended capital project funds from September 30, 2004 to the 2005 budget to finance the completion of these projects. Major projects include the re-building of South Collier Blvd and completion of the Barfield Drive bridge over the Tarpon Waterway.
WATER/SEWER ENTERPRISE FUND: Unexpended capital project funds from September 30, 2004 are recommended to be added to the Fiscal Year 2005 budget. The transfer includes approximately $8 million in funds borrowed as part of the bond issue to finance the utility acquisition.
SELF-INSURANCE FUND: For Fiscal Year 2005, the City elected to self-insure a greater portion of property, liability, and workers’ compensation loss exposures. This fund was not in the initially adopted Fiscal Year 2005 budget.
ELECTRIC ENTERPRISE FUND: In the fall of 2004, City Council approved a new 5% franchise fee on electric bills on the island. This new fund accounts for the receipt and disbursement of those funds.
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 6, 2005
Agenda Item: Prepared By: Vincent A. Cautero, AICP Community
Development Director 6 ( E ) Date: August 18, 2005 |
Agenda Section: Business: Discussion |
Subject: New Fee Schedule for Development Review and Permitting Services Department:
Community Development |
BACKGROUND:
During the budget workshop on August 15, the City Council discussed briefly with the City Manager, proposed changes to the fee schedule for development review and permitting services.
The Community Development staff prepared the proposed fee revisions in order for the City to recoup as much of the costs as possible associated with review of land use and zoning petitions. An analysis was conducted, and is attached, which contains an average amount of staff time devoted to each petition and the corresponding cost. The cost was determined by using the hourly rate, plus the 25% benefit allowance, of applicable staff members.
In addition, staff is recommending the cost of newspaper ads and required notices be paid by the applicant prior to a public hearing.
The current and proposed fees are attached for the Council’s consideration and discussion.
RECOMMENDED ACTION:
Discussion, and direction from City Council to prepare new Fee Resolution at a future meeting.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
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Meeting Date: September 6, 2005
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Agenda Item: Prepared By: Dana A. Souza 6 ( C ) Date: August 20, 2005 |
Agenda Section: Business: |
Subject: Designated Smoking Areas for Parks Department: Parks and Recreation An Amendment to the Parks Rules Ordinance (04-19) First Reading |
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BACKGROUND:
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On August 1, 2005, the City Council reviewed the proposed amendment to the Parks Rules Ordinance (04-19). The proposed amendment, titled “Tobacco Products”, restricts the use of tobacco products, in public parks to specific “Designated Smoking Areas”.
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After review and discussion, the City Council directed staff to change paragraph 3(t)(1), to give the City Council authorization to establish the locations for “Designated Smoking Area” by resolution. After further discussion, the Council directed staff to place the proposed ordinance, as amended by City Council, on a future Council agenda for first reading.
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The proposed amendment has been reviewed and approved by the City Attorney for form and Legality.
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Attached to the proposed amendment is a draft resolution establishing Designated Smoking areas at Mackle Park, Winterberry Park, Leigh Plummer Park and the Racquet Center. Smoking areas were not proposed for Jane Hitler Park or Veterans Memorial Park as the parks are very small. The resolution will be placed on a future agenda for formal Council approval. Attached to the resolution are diagrams of City parks showing proposed locations for the designated smoking areas and proposed signage, as recommended by the Parks and Recreation Advisory Committee.
RECOMMENDED ACTION:
Discussion. Approve the First Reading for the Ordinance amendment.
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Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 6, 2005
Agenda Item: Prepared By: Rony Joel, Public Works Director 4 ( D ) Date: August 18, 2005 |
Agenda Section: Business: Consent Agenda |
Subject: Award of Contract for a Vacuum Truck Department: Public Works |
BACKGROUND:
During the budget workshop of August 15, 2005 City Council was advised of a request to purchase a vacuum truck to maintain the City’s storm drainage system. A vacuum truck removes sediment from storm water catch basins and drainage pipes. City Council tentatively agreed to fund the purchase of the vacuum truck and one operator beginning in FY06, subject to final adoption of the FY06 budget. The list price of the required vehicle is $274,422.73. Proposed is the purchase of a Vactor Model 2112 Combination Sewer/Storm Water Machine from Environmental Products of Florida, piggy-backing upon the Hillsborough County Bid #P-415-02(JB) at a discounted price of $251,835.92 plus accessories.
The FY06 budget includes funds for the purchase and one operator for a total budget of $350,000. The purchase is partially funded by a $100,000 grant from the Big Cypress Basin.
RECOMMENDED ACTION:
Award of contract for the purchase of a Vactor truck Model 2112 from Environmental Products of Florida, piggy-backing upon the Hillsborough County contract, subject to the final adoption of the FY06 budget.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 6, 2005
Agenda Item: Prepared By: Vincent A. Cautero, AICP Community Development Director 5 ( A ) Date: August 24, 2005 |
Agenda Section: Business: Ordinance – Second Reading and Public Hearing |
Subject: New Administrative Construction Code Department: Community Development |
BACKGROUND:
On June 8, 2005 Governor Jeb Bush signed Senate Bill 442, as amended, establishing a new Florida Building Code. The new code becomes effective October 1, 2005.
The City Council discussed the proposed ordinance on August 1 and conducted the first reading and public hearing on August 15.
Currently, the City enforces its building codes through an Administrative Ordinance (01-36). Section 553.73(4) (a), Florida Statues, allows municipalities to make amendments to their building codes
provided they are not less stringent than the minimum code requirements established by the state. Adoption of a new administrative code prior to October 1, 2005 will benefit the City in at least two ways. First, it will allow for a smooth transition when the new building code becomes effective and second, the City will avoid a requirement to send new administrative code amendments to the Department of Community Affairs for review.
Section 105.39 on page 14 has been modified as suggested by City Council during the August 1 meeting.
RECOMMENDED ACTION:
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: September 6, 2005
Agenda Item: 4C Prepared By: Rony Joel, Public Works Director Date: August 24, 2005 |
Agenda Section: Business: |
Subject: Award of contract for SE Elkcam Circle Department: Public Works Pavement Widening |
BACKGROUND:
The reconstruction of North Collier Boulevard will begin in April 2006. Traffic will be redirected onto Elkcam Circle. To enhance the flow of traffic along southeast Elkcam Circle between Bald Eagle Drive and Collier Boulevard, a third travel lane will be added northbound. This third lane is being constructed in such a manner that will allow us to easily modify when major street utility upgrades are undertaken in three to five years. The current traffic light at Bald Eagle Drive and Elkcam Circle will not be modified. This small project was engineered by City staff.
The FY 06 capital budget allocates funding for this project. Staff proposes to utilize funds budgeted for the North Collier Boulevard improvement budget and then transfer the funds for this project to the North Collier project at the start of the new fiscal year.
Bids were received for this construction project (Contract No. 05-056) from:
Quality Enterprises $117,915.00
Bonness, Inc. $199,189.15
Better Roads $145,000.00
City Contractors $ 99,900.00
RECOMMENDED ACTION:
Authorize the City Manager to enter into a contract with the lowest responsible bidder, City Contractors, for a Lump Sum Fee of $99,900.00 for the construction of the SE Elkcam Circle pavement widening.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 6, 2005
Agenda Item: Prepared By: William P. Harrison 5 ( B ) Date: August 29, 2005 |
Agenda Section: Business: RESOLUTION |
Subject: Department: Finance AD VALOREM TAX BILL COLLECTION OF SEWER ASSESSMENTS |
BACKGROUND: By previous action, the City Council has created the first two sewer assessments districts for Tigertail and South Barfield. Those resolutions provide that one method of payment of the sewer assessments will be collection over a period of twenty years, with level annual payments, on the annual property tax bill.
The City’s Bond Counsel, Bryant Miller & Olive, have outlined the steps necessary to implement this method of collection. The City is required first to approve a resolution scheduling a public hearing to provide for public discussion on the issue. This resolution schedules the public hearing for the regular City Council meeting of October 17th. After approval of the attached resolution, notice will be posted in the Marco Island Eagle on four consecutive weeks as required by law. The Collier County Tax Collector requires that any new tax levies, including non-ad valorem tax levies for purposes such as special assessments, be reported to the Tax Collector not later than December 31st of the year preceding the first year of collection. Actions of the City Council will keep the City in
compliance with that requirement.
RECOMMENDED ACTION: Approval of the attached resolution, scheduling a public hearing for collection of assessments on property tax bills.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 6, 2005
Agenda Item: Prepared By: A. William Moss, City Manager 6 ( F ) Date: August 31, 2005 |
Agenda Section: Business: Discussion |
Subject: Code Compliance- Irrigation Restrictions &nbs | | 
