R E V I S E D – February 17, 2005 – 4:30 p.m. – 6 (F) Added
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, February 22, 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 Joy Baumgartner – 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 Council, that item(s) will be removed from the Consent Agenda and considered separately.
(A) Council Minutes for February 7, 2005 (Workshop Meeting).
(B) Council Minutes for February 7, 2005 (Regular Meeting).
(C) Resolution – Amendment to the Interlocal Agreement with School Board.
(D) Resolution – Mackle Park Master Plan.
(E) Resolution – Financing Utility Capital Projects.
5. PRESENTATIONS
Request by VFW to Name Park Avenue Property Veterans Memorial Park.
6. BUSINESS
(A) RESOLUTION – Public Hearing – Final Evaluation and Appraisal Report (EAR).
(B) RESOLUTION – Petition VAC-05-01, the City of Marco Island is pursuing the vacation of Bald Eagle Drive near the intersection of Bald Eagle (SR-951) and San Marco Road (SR-92). The vacated roadway will become part of the existing government center campus located in Section 6, Township 52 South, Range 26, City of Marco Island. (This item was continued from the meeting of February 7, 2005.)
(C) DISCUSSION – Award of Contract – Street Lighting for South Collier Boulevard.
(D) DISCUSSION – Formal Complaint – Wayne Homes, a Division of Centex Homes, for Violations of City Code of Ordinances.
(E) DISCUSSION – Request for Financial Assistance – Eagles Youth Football.
(F) DISCUSSION – Board and Committee Handbook
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: February 22, 2005
Agenda Item: 6 ( C ) Prepared By: William P. Harrison Date : February 9, 2005 |
Agenda Section: Business: CONSENT AGENDA |
Subject: Department: Finance STREET LIGHTING – SOUTH COLLIER BOULEVARD |
BACKGROUND: By previous action, City Council directed that power lines along South Collier Boulevard be placed underground as part of the street reconstruction program and has selected the lighting fixture to be used. City staff has solicited proposals from both the local representative of LUMEC, the manufacturer of the selected fixture, and Lee County Electric Cooperative (LCEC) for the costs of installation, operations and maintenance of these street lights.
Financial analysis indicates that the direct purchase of these fixtures and competitive bidding for installation and maintenance will provide the long-term lowest cost to the city. Costs for the undergrounding of power lines and purchase of new street light fixtures will be paid from the city’s new Electric Franchise Fee Fund.
RECOMMENDED ACTION: Approval of the purchase of street light fixtures from R.J. Steedman, Inc., representative of LUMEC, and contracting for installation, in the estimated amount of $389,575.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 22, 2005
Agenda Item: 6 ( E) Prepared By: Dana A. Souza Date: February 14, 2005 |
Agenda Section: Business: |
Subject: Marco Island Eagles Youth Football Department: Parks and Recreation Department Request for Financial Assistance |
BACKGROUND:
The Marco Island Eagles Youth Football program began their first year of operation during the summer of 2004. The program is affiliated with the Miami Extreme Orange Bowl Youth Football League and the Optimist International. In their first year, the program attracted 150 participants, 120 football players and 30 cheerleaders. Ninety-nine percent (99%) of the participants were residents of Marco Island.
The Eagles support five different teams. Youth are assigned to teams based on their age and weight.
The initial year has proven to be very expensive for the Eagles organizers. To date, approximately $75,000 has been spent on equipment, uniforms, supplies, travel expenses and league officiating. Many of the expenses are start-up expenses and will not re-occur annually.
Considering the high start-up costs for the teams and the successful participation by Marco Island youth, the league has requested that the City of Marco Island contribute to the cost of officiating for the 2004 season. During the 2004 season, the team played ten (10) games. Six (6) were home games that were played at Mackle Park. Each home game costs the team $1,120 for game officials for a season total of $6,720.
RECOMMENDED ACTION: Discussion. Consider providing financial assistance to
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 22, 2005
Agenda Item: 6 ( D ) Prepared By: A. William Moss, City Manager Date: February 14, 2005 |
Agenda Section: Business: Discussion |
Subject: Sanctions for Code Violations - Wayne Homes Department: City Council By Centex |
BACKGROUND:
On February 7, 2005 City Council considered and then denied a variance request (V-05-01), for an 8-foot encroachment into the required 25-foot front yard setback for a newly constructed porch. The petition was filed by the contractor, Wayne Homes, by Centex. City Council noted that Wayne Homes by Centex had previously submitted an after-the-fact variance.
In a separate agenda item, City Council discussed options regarding violations of the City Code of Ordinances, including sanctions available for violations of the Land Development Code. City Council asked that consideration of sanctions against Wayne Homes by Centex be placed on the agenda.
Attached are memoranda from the City Attorney and staff regarding contractor licensing and code violations, reviewed by City Council during the February 7th meeting.
RECOMMENDED ACTION:
Consideration of appropriate sanctions against Wayne Homes by Centex for code violations.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 22, 2005
Agenda Item: 4 ( D ) Prepared By: Dana A. Souza Date: February 15, 2005 |
Agenda Section: Business: |
Subject: Mackle Park Master Plan Department: Parks and Recreation |
BACKGROUND:
During the City Council Workshop on the Mackle Park Master Plan, held on February 7, 2005, staff requested that the Council formally adopt the Master Plan.
The attached resolution endorses the master as the framework for improving the park over the next 20 years.
RECOMMENDED ACTION:
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 22, 2005
Agenda Item: 4 ( C ) Prepared By: Dana A. Souza Date: February 15, 2005 |
Agenda Section: Business: |
Subject: Interlocal Agreement – School District of Collier County Department: Parks and Recreation Department Shared Use of Facilities |
BACKGROUND:
The City of Marco Island has an existing Interlocal Agreement with the School Board of Collier County, which was executed on May 20th, 1999 (attached). In July 0f 2004, the School District initiated an effort to update the existing agreement.
The proposed agreement (attached) is an updated version of the existing agreement. Most changes are simple language changes. Specific changes to be aware of include:
Paragraph 8 (proposed) identifies the Parks and Recreation Director as the City’s contact person with the School District for the purposes of this agreement. The existing agreement listed the Community Development Director as the contact person. When the existing agreement was executed, the City did not have a Parks and Recreation Department.
Paragraph 17 (proposed) is new and defines that the School District shall be responsible for providing insurance coverage for programs provided by the City at the request of the School District.
School District staff and attorney, and City staff and attorney have agreed to the proposed language. The School District is expected to review and either approve or deny the agreement language at their February 17, 2005 meeting. City staff will update City Council at the February 22, 2005 meeting as to the actions taken by the School District on February 17th.
RECOMMENDED ACTION: Approve Interlocal Agreement with the School District of Collier County for the shared use of facilities.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 22, 2005
Agenda Item: 4 ( E ) Prepared By: William P. Harrison Date: February 16, 2005 |
Agenda Section: Business: RESOLUTION |
Subject: Department: Finance FINANCING UTILITY CAPITAL PROJECTS |
BACKGROUND: By previous action, City Council has approved the ten-year capital budget for the Water and Sewer Enterprise Fund. Financing for these capital projects comes from a combination of funds generated by the annual operating revenues of the utility as well as bond financing. Expanding the wastewater collection system and treatment capacity to serve the residential areas currently on septic tanks will be financed through bond funds and re-paid by assessment charges as new customers are connected to the wastewater system. Based on the approved ten year capital budget, approximately $27 million in funds will be borrowed to finance the capital program for Fiscal Years 2005 and 2006.
Attached is the Marco Island Utility System Reimbursement Resolution prepared by Bryant Miller & Olive, bond counsel to the City. Approval of this resolution will allow staff to move forward with projects contained within the approved capital improvements budget for the Utility. This resolution needs to be in place prior to committing funds to projects that will be part of a future bond issue. Staff is working with our Financial Advisor to put a bond borrowing program in place to finance these projects.
RECOMMENDED ACTION: Approval of the attached Marco Island Utility System Reimbursement Resolution.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 22, 2005
Agenda Item: 5 Prepared By: A. William Moss Date: February 16, 2005 |
Agenda Section: Presentations: |
Subject: Request by VFW to Name Park Avenue Property Department: City Council Veterans Memorial Park |
BACKGROUND:
On behalf of the Marco Island VFW, Mr. Lee Rubenstein will convey their request to name the 6.85 acre Park Avenue (Glon) property “Veterans Memorial Park.”
RECOMMENDED ACTION: Discussion
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 22, 2005
Agenda Item: Prepared By: A. William Moss, City Manager 6 ( F ) Date: February 17, 2005 |
Agenda Section: Business: Discussion |
Subject: Board and Committee Handbook Department: City Council |
BACKGROUND:
City Council had a general discussion regarding advisory boards and committees on January 3rd. Several of the topic matters addressed by Council included the rules of procedure in general, the appropriate roles of boards and committees, communication and interaction with City Council and staff, policies for initiating projects and studies, and the general conduct of members of advisory boards and committees.
City Council asked the City Manager to consider the interests of City Council and draft proposed policies for Council’s consideration.
Attached for review is a proposed Board and Committee Handbook. The handbook attempts to address many of the issues raised by City Council. This draft has been amended since Council was provided the first draft on February 8th. The revised draft includes changes suggested by individual Council members. These changes are indicated by underlines and line-throughs. Also, the last two chapters have been added. Those new chapters are 12 – Quasi-Judicial Proceedings and 13 – Procedures for the Code Enforcement Board.
The City Manger has taken “liberties” by inserting paragraphs that conflict with existing policy and/or ordinances. One pertains to removal of members of committees, and the other pertains to the absences of committee members. Currently, the Code of Ordinances provides that, “Absence from thirty percent (30%) of meetings within any twelve-month period, which period shall be considered to be the twelve-month period immediately prior to and including the day of the last absence, shall automatically operate to vacate the seat of a member.” Staff has assumed that this language requires that at least twelve months pass before a tabulation can occur to determine whether 30% of the meetings have been missed. The proposed amendment provides a specific number of absences, depending on the committee. The Planning Board meets more frequently than other committees, therefore, they are allowed a greater number of absences. The Code Enforcement Board, however, typically meets less than
other committees in any given year, but their attendance at those meetings is critical to the quasi-judicial review process. Therefore, they are allowed fewer absences.
Furthermore, in Chapter 12, Quasi-Judicial Proceeding, subsection: Ex-Parte Communications Prohibited, members of the Planning Board and Code Enforcement Board are prohibited from engaging in ex-parte communication. As the City Attorney will advise, this is a debatable policy and one that is practiced by some local governments and not others. The rationale for the prohibition is that quasi-judicial hearings must be fair and impartial, based on substantial competent evidence presented at the Public Hearing. Ex-parte communication may influence the decision of a board member to the detriment
of other interested parties, whether they be the applicant, proponent, or opponent. The ex-parte prohibition assumes that some will communicate with board members prior to the hearing for the purpose of influencing their decision.
RECOMMENDED ACTION:
Discussion, further direction, or approval of the Board and Committee Handbook.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 22, 2005
Agenda Item: 6 ( B ) Prepared By: Bryan Milk Date: February 16, 2005 |
Agenda Section: Resolution |
Subject: Petition VAC-05-01. Vacate a portion of Bald Department: Community Development Eagle Drive north of the intersection of San Marco Road. |
BACKGROUND:
City Council heard petition VAC-05-01 to vacate approximately 350-feet of Bald Eagle Drive north of the intersection of San Marco Road at their meeting of February 7, 2005, and voted unanimously to continue the petition to the meeting of February 22, 2005, due to concerns raised by City Attorney Richard Yovanovich. These issues are being addressed, and as such, staff request that Council consider the subject petition at this meeting.
RECOMMENDED ACTION:
Conduct required public hearing; motion to approve Petition VAC-05-01, if desired.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 22, 2005
Agenda Item: 6 ( A ) Prepared By: Bryan Milk, City Planner Date: February 16, 2005 |
Agenda Section: Resolution |
Subject: Adoption of Evaluation & Appraisal Report (EAR) Department: Community Development of the Comprehensive Plan. |
BACKGROUND:
Pursuant to Chapter 163, Florida Statutes, the evaluation and appraisal report (EAR) is a summary audit of the progress that has been made in implementing a local government’s comprehensive plan. The report identifies changes that should be made in the plan in response to an evaluation of the success and failures that have been experienced in implementing the plan, to changing trends and conditions that effect the local community, and to changing state and regional growth management policies.
While EAR reports are generally required 7 to 10 years after adoption of a comprehensive plan, recent legislation has changed the due date for Marco Island’s EAR to March 1, 2005. As such, the City’s Comprehensive Plan, which was originally adopted in January 2001, is subject to the EAR process.
Previously on December 6, 2004, City Council reviewed and approved the proposed EAR report and directed staff to forward the proposed EAR report to the Department of Community Affairs (Department) and other commenting agencies for courtesy review. On December 17, 2004, the Department of Community Affairs received the completed proposed Evaluation and Appraisal Report from the City. On January 13, 2005, the Department completed its courtesy review of the EAR report and provided five comments for consideration. Please note that a formal sufficiency determination was not conducted at this time; this will be done after the EAR report is adopted by the Council. The Department encouraged the City to make the necessary revisions to ensure that the adopted EAR can be determined sufficient based on s. 163.3191(2), F.S.
The preliminary sufficiency review provided by the Department of Community Affairs included the following comments to the EAR report: Comment 1 – Future Land Use Map Series; Comment 2- The extent of Vacant and Developed Land [163.3191(2)(b)&(b)];Comment 3- The financial feasibility of providing infrastructure to meet anticipated growth [163.319(2)(c)]; Comment 4- A brief assessment of the successes and shortcomings related to each element of the comprehensive plan [163.3191(2)(h)]; and Comment 5- An evaluation of the coastal high hazard area to determine if past reductions in development have impaired property rights, including the identified strategies to address redevelopment and the rights of current residents when redevelopment occurs[163.3191(2)(m)].
Pursuant to the above comments, staff has initiated changes to the proposed EAR report (attached) in the form of strike through and underlines, including appropriate maps, tables, and text changes as required by the Department of Community Affairs to ensure that the adopted EAR can be determined sufficient.
RECOMMENDED ACTION:
Conduct public hearing; motion to approve attached EAR report and Resolution. Direction to staff to forward Council adopted EAR report to the Department of Community Affairs as required by Chapter 163, Part II, F.S., and 9J-5, F.A.C.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
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