City of Marco Island Florida 
City Council Meeting Agenda
Chairwoman: Terri DiSciullo
City Council: Ted Forcht, Chuck Kiester, Michael F. Minozzi Jr.,
Robert J. Popoff, William D. Trotter, E. Glenn Tucker
City Manager: A. William Moss
City Clerk: Laura Litzan City Attorney: Rich Yovanovich
Regular Meeting
Tuesday, October 3, 2006, 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 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. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
5. 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 September 18, 2006 (Regular Meeting)
(B) Appointment of Boards and Committees
1. Arts Advisory Committee
2. Beautification Committee
3. Code Enforcement Board
(C) Award of Contract – Purchase of Communications Tower
(D) Renewal of Property, Casualty, and Workers’ Compensation Insurance for FY 2007
6. PRESENTATIONS
(A) Employee Longevity Awards
(B) Employee of the Month for October
(C) Punt, Pass & Kick Competition - Trophy Presentation
7. BUSINESS
(A) RESOLUTION – Public Hearing – A Resolution to Adopt The Annual Level of Service Report
(B) DISCUSSION – Swale Parking
(C) DISCUSSION – Amending Parks Rules Ordinances to Allow Dogs on Leashes within City Parks
(D) DISCUSSION – Proposed Ordinance to Establish Seawall Regulations
(E) DISCUSSION – Landscape Contractor Registration/Certification Program
(F) RESOLUTION – A Resolution to Authorize Acquisition of Vacant Lot at Corner of San Marco Road and Heathwood Drive Through Eminent Domain
8. COUNCIL COMMUNICATIONS AND DISCUSSION
9. FUTURE AGENDA
10. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
11. 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. The timekeeper located on the City Clerk’s desk is there to assist citizens with keeping track of the four-minute public comment period. The green light will change to a flashing green light when the speaker has two minutes remaining; the light will turn yellow when one minute remains; the light will turn red and a tone will sound when time has expired.
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 3, 2006
Agenda Item: Prepared By: A. William Moss, City Manager 5 ( B ) Date: September 20, 2006 |
Agenda Section: Consent Agenda |
Subject: Appointments to City’s Arts Advisory Committee, Department: City Council Beautification Advisory Committee and Code Enforcement Board |
BACKGROUND:
Mrs. Coral Aiken-Miller, appointed to the Arts Advisory Committee on May 15, 2006 by Councilor Forcht, resigned from the Committee on September 12, 2006.
Councilor Forcht recommends the appointment of former City Councilor Ms. Vickie Kelber to serve the unexpired term (to June 1, 2008) on the Arts Advisory Committee. Attached find Ms. Kelber’s letter of interest.
Mrs. Coral Aiken-Miller, appointed to the Beautification Advisory Committee on May 15, 2006 by Councilor Forcht, resigned from the Committee on September 12, 2006.
Councilor Forcht recommends the appointment of Mr. Richard Tower to serve the unexpired term (to June 1, 2008) on the Beautification Advisory Committee. Attached find Mr. Tower’s letter of interest.
Mr. Jose Granda, appointed to the Code Enforcement Board on May 1, 2006 by Councilor Forcht, has vacated his seat due to two absences within a twelve month period. The absences were due to health issues.
Councilor Forcht recommends the reappointment of Mr. Granda to the Code Enforcement Board.
RECOMMENDED ACTION:
Appoint citizens to Arts Advisory Committee, Beautification Advisory Committee and Code Enforcement Board.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 3, 2006
Agenda Item: Prepared By: A. William Moss, City Manager 6 ( A ) Date: September 20, 2006 |
Agenda Section: Business: Presentation |
Subject: Employee Longevity Awards Department: City Manager |
BACKGROUND:
At the meeting of November 1, 2005, City Council authorized that all employees with five or more years of service would receive a $2,000 longevity bonus and special recognition at a City Council meeting. Thereafter, as each employee attains a five-year increment (5, 10, 15, 20 etc.) the employee would receive a $2,000 bonus from City Council.
The following employees are to be recognized for their years of service to the City of Marco Island:
Jim Pope, Fire / Rescue
Driver Engineer 10 years
Dean Heasley, Fire/Rescue
Captain 25 years
RECOMMENDED ACTION: Present longevity awards and bonuses.
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: October 3, 2006
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Agenda Item: Prepared By: Dana A. Souza 7 ( C ) Date: September 12, 2006 |
Agenda Section: Business: |
Subject: Discussion – Amending the Parks Rules Ordinance Department: Parks and Recreation to allow park visitors to walk dogs on leashes within City parks |
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BACKGROUND:
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Councilman Forcht requested, and City Council agreed, to discuss amending the Parks Rules Ordinance to allow park patrons to walk their dogs on leashes within City Parks.
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The history of the Parks Rules Ordinance as it relates to prohibiting dogs in public parks is as follows:
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April 2003 – The Parks and Recreation Advisory Committee (PRAC) initiated the development of Park Rules by Ordinance in April 2003. After much discussion and several drafts, the PRAC forwarded the proposed ordinance to City Council for discussion. The original draft recommended that park patrons be allowed to walk their dogs in City parks on an 8’ leash and that dogs be prohibited from playgrounds, athletic fields the Racquet Center.
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August 2, 2004 – The City Council first discussed the Park Rules Ordinance and advised the PRAC to continue with plans to hold a public meeting on the proposed Ordinance.
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August 23, 2004 – The PRAC held a Special Meeting on the proposed Park Rules Ordinance. Public comment included five (5) residents opposed to allowing dogs in public parks and no one (0) in favor. The PRAC amended their original recommendation from allowing dogs in parks on leashes to prohibiting dog from public parks and forwarded their recommendations for the Park Rules Ordinance to City Council for First Reading.
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September 20, 2004 – City Council heard First Reading of the proposed Parks Rules Ordinance on September 20, 2004. Public comment included one (1) person opposed to allowing park patrons to walk their dogs in City parks and no one (0) in favor. Council approved the proposed Ordinance at First Reading (6-1, Councilor Kelber opposed).
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October 4, 2004 – City Council heard Second Reading of the proposed Ordinance. Council approved the Ordinance (6-0, Councilor Arceri absent).
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RECOMMENDED ACTION: Discussion
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Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
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REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 3, 2006
Agenda Item: Prepared By: Roger Reinke, Chief of Police 7 ( B ) Date: September 19, 2006 |
Agenda Section: Business: |
Subject: Swale Parking Department: Police |
BACKGROUND:
City Council has requested the section of the City Parking Control Ordinance relating to swale parking be placed on the agenda for discussion.
Prior to 1998, the County Ordinance prohibited swale parking in Marco Island. In 1998, City Council passed a parking ordinance that allowed swale parking only in the Elkcam Circle commercial area from 7:00 am to 7:00 pm., Monday through Saturday, all other swale parking was prohibited. In January 2000, an ordinance was passed, patterned after the Collier County Parking Ordinance with one notable exception; the County Ordinance prohibited parking in a drainage swale and the City Ordinance allowed swale parking. In September 2004, Council passed the current ordinance that prohibits swale parking between the hours of 2:00 am and 6:00 am. The purpose of the restriction was to prohibit overnight parking in swales. The factors that Council considered included the purpose of swales in the drainage process, aesthetics,
allowing visitor parking, while preventing vehicle storage and abandonment, rental properties with multiple families and vehicles, rental properties utilized by contractors with multiple commercial vehicles, and complaints regarding neighbors’ vehicles parked in the swale adjacent to another’s home.
The Land Development Code pertaining to residential single-family dwelling districts require vehicles parked on a residential property be parked on surfaces specifically intended for, and customarily used for, motor vehicle parking.
A copy of the entire Parking Control Ordinance is attached. The text of current swale parking ordinance is:
No person shall:
3) Stand or park a vehicle on a swale, or in a swale area, whether the vehicle is occupied or not, except momentarily to pick up or discharge a passenger, or passengers, or property, under the following circumstances:
(a) Between the hours of 2:00 a.m. and 6:00 am;
(b) When prohibited by an official sign;
(c) On any curbed swale;
(d) At any time within 500 feet of the entrance of Resident’s Beach;
(e) At any time within 500 feet of the entrance to the South Beach pedestrian access;
(f) At any time within 500 feet of the entrance to Tigertail Beach;
(g) If the vehicle is a trailer, parking is prohibited at any time except when attached to a vehicle and being used in conjunction with an ongoing maintenance or repair operation such as utility repairs, public works and landscape maintenance.
Enforcement of swale parking restrictions is generally accomplished by issuing a written warning. Repeat violators may be cited. From January 1 through September 18, 2006, thirteen citations have been issued.
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 3, 2006
Agenda Item: Prepared By: Bryan Milk, Acting Community Development Director 7 (
A ) Date: September 25, 2006 |
Agenda Section: Business: Discussion |
Subject: Concurrency Management System 2006 Annual Level of Service Report Department: Community Development |
BACKGROUND:
City Council has been presented under separate cover with a copy of the 2006 Annual Level of Service (LOS) Report. This report tracks development impacts on adopted LOS standards, and provides a mechanism to forewarn City Council of potential LOS deficiencies over the next five years. As noted in the Executive Summary of the 2006 Level of Service Report (copy attached), the City is operating within adopted LOS standards, and should continue to operate in full compliance throughout the five-year horizon.
Adopted Level of Service standards apply to the following areas: 1) Transportation; 2) Potable Water; 3) Sanitary Sewers; 4) Stormwater Drainage; 5) Community Parks; and 6) Solid Waste. Currently the City is responsible for each of these areas, except for solid waste, which is managed through agreements with Collier County.
Per the Marco Island Code of Ordinances, Chapter 30, Article X (Concurrency Management System) the Planning Board is required to conduct a public hearing on the contents of the Annual LOS Report, and if the current LOS is below adopted level of service policy standards, must discuss and recommend three potential strategies to resolve those deficiencies. The Planning Board considered this report at their September 8, 2006 meeting, and after the required public hearing determined that no corrective actions as stated in City Code were warranted at this time. The Planning Board voted 5 – 2 to recommend that City Council receive the report with no further action (see attached memorandum). The two dissenting votes were concerned that policy disconnects exist between the LOS Report and Comprehensive Plan.
Attached for Council’s review is a draft resolution to accept the findings of the LOS Report. Per City Code, Council will conduct a public hearing on October 16, 2006 at which time the resolution can be adopted. Once the resolution is adopted the report will be forwarded to the Department of Community Affairs as the City’s AUIR (Annual Update and Inventory Report).
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 3, 2006
Agenda Item: Prepared By: Bryan Milk, Acting Community Development Director 7 ( E ) Date: September 26, 2006 |
Agenda Section: Business: Discussion |
Subject: Landscape Contractor Registration/Certification Program Department: Community Development |
BACKGROUND:
City Council may wish to consider a requirement that landscape firms attend a state certified educational program. Council may also wish to implement a landscape contractor registration program.
On September 18, 2006, Chairwoman DiSciullo proposed and City Council agreed to consider an educational/certification program for landscape contractors.
Currently, there is a State certified program that was created by landscape professionals and regulators being offered at the Rookery Bay Learning Center. This voluntary program was offered twice last year and had forty participants certified in best management practices for: Irrigation, Fertilization, Pest Control and Plant Selection. Rookery Bay staff also included knowledge of local ordinances and specific needs for the southwest Florida environment. The program received positive feedback from the landscape workers and contractors attending. Many attendees expressed greater understanding of the potential links between chemicals applied to landscaping and pollutants found in surrounding waters. Attendees were offered incentives such as advertising on Rookery Bay’s website and Continuing Education Units (CEU’s). Due to the favorable comments of attendees and positive impacts to the environment from this program, the City of Naples recently adopted a resolution authorizing the
establishment of a program for certification of lawn and landscape maintenance professionals working within the City.
Community Development staff spoke with City of Naples staff, and recently met with the Rookery Bay Learning Center Coastal Training Coordinator to review details and process for initiating this type of training and certification program for landscape professionals. This potential program would use education and outreach to address the numerous complaints and violations observed by citizens and Code Compliance in regards to illegal dumping of landscape debris into canals and vacant lots. The program would also ensure that knowledgeable licensed contractors and employees could inform their residential and professional customers of the effects of pesticides, fertilizers and over-watering. Additionally, registered landscape professionals could be easily contacted and ready to respond for clean up following storm events.
In order to initiate a landscape contractor registration and certification program, the following items are required:
Education: Rookery Bay would develop and organize the training program. It would be an 8-hour course with Rookery Bay providing reports to the City regarding participant information and certification.
Registration: The certified contractors would then register with the City, providing their training certificate and registration fee.
Identification: Once registered with the City, a sticker/decal would be affixed on the contractor’s vehicle for identification and compliance.
Administration: All applications would be kept on file and an up-to date list of landscape professionals would be maintained. Registration would be conducted through the City’s Environmental Department, and certification would be required annually. Enforcement would be handled by Code Compliance.
Funding: Presently, the City of Naples has provided approximately $35,000 to Rookery Bay to implement the training. Additional fees may be required by the contractor for registration and education.
Attached for Council’s review is an approved resolution from the City of Naples and a survey by Rookery Bay conducted on landscape workers who were certified through the training program.
RECOMMENDED ACTION:
Council discussion. Direction for staff to create a landscape certification and registration program for landscape contractors.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 3, 2006
Agenda Item: Prepared By: Bryan Milk, Acting Community Development Director 7 (
D ) Date: September 26, 2006 |
Agenda Section: Business: Discussion |
Subject: Proposed Seawall Ordinance Department: Community Development & Public Works |
BACKGROUND:
The purpose of this agenda item is to discuss the proposed seawall construction ordinance and policy pertaining to the manufacturing of precast seawall panels on vacant lots. This item was originally scheduled for the June 19, 2006 meeting, however, this matter was continued to a date uncertain, due to the extensive agenda being considered at the time.
The Waterways Advisory Committee, at the direction of City Council, prepared a new draft Seawall Ordinance. The ordinance is intended to repeal Section 6 – 81 of the Code of Ordinances and is related to the construction, reconstruction, repair, and alteration of seawalls and revetments (a facing added to the structure that provides additional support) adjacent to salt water bodies. The ordinance consists of two components: a set of criteria governing the items described above and a set of technical specifications containing seawall and revetment regulations. The technical specifications are contained in Resolutions, rather than an Ordinance.
Currently, many seawall contractors replace old seawall structures with new cement walls that are poured either on a job site or in a close proximity. In order to complete this work, contractors, at times, make arrangements with owners of empty lots to rent them near the location they are working. While using the lot for this purpose, the contractor is technically in violation of City code by using a residential lot for commercial use.
The Waterways Committee and Planning Board both considered this policy issue and recommended the following language:
1. The contractor shall notify the City as part of the building permit application process for seawall work that he/she intends to use a vacant lot for such purpose;
2. The contractor shall have written permission of the property owner of the vacant lot. A copy shall be submitted to the City Building Services Division and be made part of the permit application;
3. The contractor shall notify adjacent lot owners in writing of his/her intent to use the lot not less than 10 days prior to commencing use of the lot and submit proof of this notification to the Building Services Division;
4. Manufacture of precast seawall panels may only be performed on a lot for a maximum period of 60 days. Upon completion of use and prior to the expiration of the 60 day period, the contractor shall restore the lot to pre-use condition;
5. Any vacant lot so used shall not be used by the construction or any person for such purpose more than 180 days within a consecutive 365 day period;
6. No more than three permits in a consecutive 365 day period may be granted for the manufacture of precise seawall panels;
7. No work shall be conducted within the setback areas established for the applicable zoning district; and
8. Dumpsters may not be located on the lot for more than 14 days within the 60 day period.
The draft ordinance was compiled with suggestions from the Waterways Committee, Planning Board, staff, marine contractors, City’s legal counsel, and the public and is presented for Council’s 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: October 3, 2006
Agenda Item: Prepared By: Dana A. Souza 6 ( C ) Date: September 26, 2006 |
Agenda Section: Business: |
Subject: Presentation – Punt, Pass and Kick Competition Department: Parks and Recreation Trophy Presentation |
BACKGROUND:
On September 22, 2006, the Parks and Recreation Department was a local sponsor for the NFL Pepsi Punt, Pass and Kick Competition. The national program was founded in 1961 and each year attracts more than 4 million participants nationwide. This is the second year the program was offered on Marco Island attracting 70 participants, an increase of 52% over the 2005 competition.
The competition is broken into four age divisions: 8/9 years old, 10/11 years old, 12/13 years old and 14/15 years old, with boys and girls competing separately. Each participant punts, kicks and throws a football into an open field. Points are given for distance and accuracy for each portion of the competition which are then combined to obtain a final overall score for each participant.
Winners of the Marco Island Competition are:
Boys 8/9 Years Old – Cody Young – 180.08 feet
Girls 8/9 Years Old – Ariana Garousi – 95.25 feet
Boys 10/11 Years Old – Nick Ronquette – 226 feet
Boys 12/13 Years Old – Patrick Lane – 264.25 feet
Girls 12/13 Years Old – Sierra Hauk – 184.41 feet
Boys 14/15 Years Old – Michael Snyder – 272.5 feet
Winners of the Marco Island Competition now advance to compete in the Miami Dolphins Sectional Competition to be held on October 14th (12 noon) at the Dolphins training facility at Nova Southeastern University. Winners of the Sectional Competition move on to the Team Competition and then to the National Championship at an NFL playoff game in January.
Volunteers from the Marco Island Eagles Youth Football Program and the Marco Island Senior Softball League worked the event with Parks and Recreation staff to make the program successful.
RECOMMENDED ACTION: Present trophies.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
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