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
Monday, October 16, 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
Rabbi Earl Jordan, Jewish Congregation
3. APPROVAL OF AGENDA
4. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
5. PUBLIC HEARINGS / SEPTIC TANK REPLACEMENT PROGRAM
(A) RESOLUTIONS - Final Assessment Resolutions to Establish Sewer Districts:
1. North Barfield Sewer District
2. West Winterberry Sewer District
3. North Marco Sewer District
4. Old Marco Sewer District
5. Port Marco Association Sewer District.
(B) RESOLUTIONS - Final Bond Resolutions to Authorize the Issuance of Bonds for Sewer Districts:
1. North Barfield Sewer District
2. West Winterberry Sewer District
3. North Marco Sewer District
4. Old Marco Sewer District
5. Port Marco Association Sewer District
(C) RESOLUTION - Public Hearing - A Resolution Authorizing the Uniform Method of Collecting Non-Ad Valorem Taxes.
(D) RESOLUTION - A Resolution Authorizing the Sewer Agreement with North Marco Utility Company, Inc.
(E) RESOLUTION - A Resolution Establishing Septic Tank Replacement Program to "Lock In" 2006 Construction Costs.
6. 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 28, 2006 (Special-Called Meeting)
(B) Council Minutes for October 3, 2006 (Regular Meeting)
(C) Award of Contract - Audio/Visual System for Community Room
(D) Renewal of Employee Health Insurance
7. BUSINESS
(A) ORDINANCE - First Reading - An Ordinance to Amend Chapter 52, Division (Impact Fees).
(B) ORDINANCE - First Reading - An Ordinance to Amend Park Rules to Allow Dogs and other Pets in Parks.
(C) RESOLUTION - A Resolution to Accept and Approve the 2006 Annual Level of Service Report.
(D) DISCUSSION - Proposed Seawall Ordinance.
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 16, 2006
Agenda Item: 5(A) & 5(B) Prepared By: William P. Harrison Date: October 10, 2006 |
Agenda Section: Business: Public Hearings |
Subject: Septic Tank Replacement Program Department: Finance |
BACKGROUND:
City Council is asked to consider five (5) resolutions for the creation of assessment districts for sewer construction in 2007 with five (5) separate public hearings. City Council is also asked to consider five (5) resolutions authorizing the issuance of bonds to finance the construction.
Approximately 1,400 property owners within the five sewer assessment districts were notified by first class mail of the public hearings and Final Assessment Resolutions scheduled for this meeting. Property owners were also provided a letter with additional information and an explanation of available assessment payment options.
The process of creating assessment districts is strictly governed by Florida Statutes and local ordinances. On September 5, 2006, the City Council approved five (5) preliminary assessment resolutions, directing staff to accomplish the steps required to formalize these assessment districts for construction in 2007. The West Winterberry neighborhood and the North Barfield neighborhoods are scheduled for next year. The district at the north end of the island has been divided into three separate assessment districts. The North Marco District is that area within the City’s sewer franchise area roughly north of the Marco River Marina and ending at Perrine Court. The Old Marco District is comprised of those streets within the franchise sewer area of the North Marco Utility Company, Inc. that have not yet received
central sewer. The last district is the Port Marco District, to provide central sewer to the mobile home park immediately south of the Snook Inn.
Provided to the City Council in this packet are five (5) final assessment resolutions and five (5) bond resolutions. Final approval of the bond resolutions will allow attorneys to file with the District Court for bond validation. Also included is an Update to General Review of Wastewater Assessments prepared by the Public Resources Management Group and a report from the City Manager detailing the Septic Tank Replacement Program (STRP). Included with each assessment resolution is a detailed map of each assessment district.
Procedural requirements include the publication of notice in the newspaper. Timely filing of the notice did not occur. Legal Counsel recommends that all public hearings be continued to the City Council meeting of November 6, 2006. After receiving any additional public comment, City Council may then adopt each of the ten resolutions.
City Council should seek public comment first from property owners, by district, in each of the five (5) sewer assessment districts.
RECOMMENDED ACTION:
Hold public hearings on each of the Final Assessment Resolutions and five (5) Bond Resolutions and continue each public hearing to the City Council meeting of November 6, 2006.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 16, 2006
Agenda Item: 5(C) Prepared By: William P. Harrison Date: October 10, 2006 |
Agenda Section: Business: Public Hearing |
Subject: Uniform Method of Collecting Department: Finance Non-Ad Valorem Taxes |
BACKGROUND:
City Council is requested to consider a resolution authorizing the payment option for the Septic Tank Replacement Program (STRP) of 20-year level payments on the annual property tax bill.
On September 5, 2006, City Council directed the preparation and posting of public notices on four consecutive weeks that Council would consider a resolution at their meeting of October 16, 2006 to establish the Uniform Method of Collecting of Non- Ad Valorem Taxes. These actions are required for the City to offer the payment option for sewer assessments under the STRP for level annual payments for 20 years on the annual property tax bill. This is the identical process used by the City to offer this payment option to residents in the two neighborhoods currently under construction. These actions are required under Florida State Statutes to allow Collier County to collect assessments on behalf of the City of Marco Island.
RECOMMENDED ACTION:
City Council is requested to hold a public hearing and approve the attached resolution, allowing the payment option on the STRP of level annual payments over 20 years on the annual property tax bill.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 16, 2006
Agenda Item: 5(D) Prepared By: William P. Harrison Date: October 10, 2006 |
Agenda Section: Business: Resolution |
Subject: Sewer Agreement – North Marco Utility Department: Finance Company, Inc. |
BACKGROUND:
City Council is requested to consider an agreement between the City of Marco Island and the North Marco Utility Company, Inc. This agreement will extend the payment options of the Septic Tank Replacement Program (STRP) to residents within the franchise boundaries of the North Marco Utility Company.
The North Marco Utility Company, Inc. has a franchise to provide wastewater collection on Marco Island north of Old Marco Lane (a/k/a Ehret Lane) pre-dating the City’s acquisition of utilities from Florida Water Services in 2003. Wastewater is treated at the island’s wastewater treatment plant under contract.
The north end of the island is scheduled to receive central sewer services under the STRP in 2007. The City has negotiated a contract with the North Marco Utility Company that will provide coordination in construction and allow residents in that utility franchise area to enjoy all of the payment options for the assessment that are available to the rest of Marco Island residents. All appropriate Capacity Charges and Construction Charges will be charged as assessments to property owners in this area on the same basis as assessment charges are made to all other properties on the island receiving central sewer.
RECOMMENDED ACTION:
Adoption of Resolution which authorizes the City Manager to execute an Agreement with North Marco Utilities, Inc.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 16, 2006
Agenda Item: 5(E) Prepared By: William P. Harrison Date: October 10, 2006 |
Agenda Section: Business: RESOLUTION |
Subject: Department: Finance SEPTIC TANK REPLACEMENT PROGRAM – “LOCK IN” 2006 CONSTRUCTION COSTS |
BACKGROUND: City Council is requested to consider a resolution establishing a program where property owners in Septic Tank Replacement Program (STRP) neighborhoods scheduled for 2008 and beyond may “Lock In” 2006 construction costs.
City Council has previously given direction to establish a program to protect property owners in future assessment districts from rapidly rising construction costs. Under this voluntary program, all property owners will be provided the opportunity to “Lock In” 2006 construction costs for their neighborhood, based on the latest available engineering estimates for each neighborhood. Under this program, property owners who choose to participate will be given three payment options:
Payment of the engineering estimate of 2006 costs, in cash for a 6% discount.
Signing a voluntary assessment agreement with the assessment cost at the engineering estimate of 2006 costs, with level annual payments of principal and interest over a 20-year period on the annual property tax bill. Payments will begin with the tax bill of 2007.
Signing a voluntary assessment agreement with the assessment cost at the engineering estimate of 2006 costs, with payments deferred for up to 20 years and interest accruing on unpaid balance.
Property owners with on-site performance systems, permitted and inspected annually by the Collier County Health Department, are eligible for a 10-year deferral. Under this program, as long as the performance systems maintains the annual permits and complies with all Health Department regulations, the property owner may continue the performance system for up to 10 years from the date of the final assessment resolution for the property owner’s neighborhood. Any balance of the 10-year deferral may be transferred to a new owner. At the time of connection to the central sewer system, the owner will be responsible for the same assessment costs paid by all other properties within the district, with no interest accruing up to the date of connection to the sewer system. At the time of connection, property owner will be
afforded the same payment options as all other properties.
RECOMMENDED ACTION: Approval of the attached resolution, providing for a “Lock In” of 2006 construction costs for properties in assessment neighborhood to be constructed in 2008 and beyond.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 16, 2006
Agenda Item: 6(C) Prepared By: Roger Reinke, Chief of Police Date: October 12, 2006 |
Agenda Section: Business: |
Subject: Purchase of Integrated Audio Visual System Department: Police |
BACKGROUND:
Construction of the new civic facility, including a Community Meeting Room, Emergency Operations Center, and Police Department is well underway. Integrated into this facility will be a state of the art computerized audiovisual system that will provide cable and internet broadcast capability and many features that will allow for improved viewing of presentations by Council and the public. Included in this system are broadcast quality cameras, large screen television monitors, wireless microphone and hearing assist system, and a quality audio system. These features were presented to Council at the FY2007 Budget Workshop.
Staff has identified Audio Visual Innovations (AVI) as the firm that can best provide these services. AVI supplies goods to the District School Board of Collier County (Bid # 176-3/04) and the District School Board of Hernando County (Bid # 05-480-12) under government contracts.
Staff seeks authority to purchase this integrated system from AVI through the non-competitive purchase provisions of City code. Justification for this authority is found in the attached memorandum. The total estimated project cost is $237,585.01. Staff requests authority to negotiate an agreement with AVI in an amount not to exceed $240,000 to allow for unanticipated contingencies.
RECOMMENDED ACTION: Authorize City Manager to negotiate agreement with Audio Visual Innovations (AVI) to provide an integrated audio visual system in an amount not to exceed $240,000.
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Reviewed by Department Director Reviewed by City Manager
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Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 16, 2006
Agenda Item: 6(D) Prepared By: A. William Moss, City Manager Date: October 11, 2006 |
Agenda Section: Business: Consent |
Subject: Renewal of Employee Health Insurance Department: City Manager |
BACKGROUND:
City employees are provided a fringe benefit allowance from which they may elect to purchase a “cafeteria of benefits” made available to them through the City, such as deferred compensation retirement, health and dental insurance, disability insurance, etc.
Health insurance benefits for City employees are provided through Blue Cross/Blue Shield of Florida; dental insurance is provided through Guardian Insurance. The renewal date for employee medical and dental insurance benefits is November 1st of each year. Our annual survey of other insurance carriers indicates that our current carriers provide the most competitive rates. Medical insurance premiums increased 5% in 2005, followed by no increase for 2006. Dental insurance premiums decreased 5% in 2005, and increased 9% in 2006. Our initial renewals for medical and dental benefits indicated anticipated increases in the range of 41% for 2007. Fortunately, through negotiations with Blue Cross/Blue Shield of Florida, and a reduction in current benefits that will result in an increase of
out-of-pocket expenses for employees, we were successful in reducing the anticipated increases for heath insurance premiums to 5% for 2007.
Unfortunately, health-care costs exceed the benefit allowance for many employees. The City supplements a portion of the heath/dental premiums to remain competitive with the practices of other local governments. Without the supplement, the cost of health/dental benefits would exceed the benefits allowance of many employees, especially those needing family coverage. Currently, the supplement amount provided by the City to the health/dental plan is $235,788 annually. The increase in insurance plan costs for 2007 is $52,862.
RECOMMENDED ACTION: Authorize renewal of health insurance contracts.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 16, 2006
Agenda Item: 7(A) Prepared By: A. William Moss, City Manager Date: October 11, 2006 |
Agenda Section: Business: Ordinance – First Reading |
Subject: Ordinance to Amend Chapter 52, Division 2 Department: City Council (Impact Fees) |
BACKGROUND:
City Council is asked to consider an amendment to Chapter 52, Division 2 (Impact Fees) to increase the water and wastewater capital facilities fees as recommended by PRMG in their report dated September 28, 2006.
Chapter 52, Division 2 (Impact Fees) of the Code of Ordinances established water and wastewater capital facilities fees as adopted on May 3, 2004. These fees are imposed on all new development that places additional demand on water and wastewater facilities to pay their proportionate share of the cost to expand capacity of these facilities. The capital facilities fee, or impact fee, must be supported by a detailed analysis to ensure that the fees imposed are reasonable and equitable so that the impact fee is proportionate to the cost of capacity expansion. Public Resources Management Group, Inc. (PRMG) has conducted such analysis and has provided a report “Water and Wastewater Capital Facilities Fees” dated September 28, 2006.
City Council, while developing the Septic Tank Replacement Program policies, considered the merits of conducting an impact analysis to determine the appropriate impact fee for undeveloped property in the sewered areas of the City. On October 9, 2006 City Council reviewed the PRMG report and concurred that an ordinance should be prepared to amend the impact fees as recommended. City Council further agreed that the “capacity cost” component of the STRP sewer assessments should be reduced to an amount equal to the revised sewer impact fee for current and future assessment districts.
The PRMG report recommends that the water capital facilities fee be increased from $1,800 to $3,740 per equivalent residential connection (ERC), and that the wastewater capital facilities fee be increased from $2,910 to $4,610 per ERC. The report further recommends that the ERC for water be based on 440 gallons per day and that the ERC for wastewater be based on 220 gallons per day (currently 450 gpd for water and 275 for wastewater).
The attached ordinance, presented for consideration on first reading, incorporates the recommended capital facilities fees, amends the Table of ERC Values to reflect appropriate computations, amends examples as to computation formulas, and makes changes in the language in four sections of the Code. Changes/additions are shown through strike-through and red print. The effective date of the ordinance is February 5, 2007 in order to comply with a new Florida Statute adopted in the 2006 legislative session.
RECOMMENDED ACTION:
Consider adoption of the ordinance on first reading.
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 16, 2006
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Agenda Item: 7(B) Prepared By: Dana A. Souza Date: October 9, 2006 |
Agenda Section: Business: Ordinance – First Reading |
Subject: Ordinance to Amend Parks Rules Department: Parks and Recreation Pertaining to Dogs and Other Pets |
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BACKGROUND:
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City Council has requested that the Parks Rules Ordinance (Chapter 34, Code of Ordinances) be amended to allow dog owners the right to walk their dogs on leash in certain City owned parks.
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On October 3, 2006, the City Council discussed making changes to the Parks Rules Ordinance (PRO), “Dogs and Other Pets”, Section 3(k), as stated above. After discussion, City Council directed staff to draft an amendment to the PRO so dog owners would be permitted to walk their dogs on leash at Leigh Plummer Park (Barfield Dr.) and Tract C and D (Winterberry Drive). During discussion, staff suggested the ordinance be changed to give City Council the authorization to amend the “Dogs and Other Pets” section by resolution, in order to expedite and future changes.
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City Council, during discussion, also suggested that Council review the impact of allowing dogs in parks within a specified period of time. Staff suggests that City Council revisit this matter in six (6) months. During that time, staff will record complaints, incidents and successes related to ordinance change, as reported to the Parks and Recreation Department. Staff will also install plastic bag dispensers at both parks.
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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 Leigh Plummer Park and Tract C and D as areas where dog owners may walk their dogs on leash. If acceptable to City Council, the resolution will be placed on the November 6, 2006 agenda for formal Council approval.
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RECOMMENDED ACTION:
Discussion; adopt 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 16, 2006
Agenda Item: 7(C) Prepared By: Bryan Milk, Acting Community Development Director Date: October 9, 2006 |
Agenda Section: Business: Resolution |
Subject: Resolution to Accept and Approve the Department: Community Development 2006 Annual Level of Service Report |
BACKGROUND:
At the City Council meeting of October 3, 2006 Council received and discussed the 2006 Annual Level of Service (LOS) Report. The 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 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.
Pursuant to 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 the Report at their September 8, 2006 meeting and, after the required public hearing, determined that no corrective actions as stated in the City Code were warranted at this time.
Attached for Council’s consideration is a resolution to accept the findings of the LOS Report. Pursuant to City Code, Council must conduct a public hearing prior to adopting the resolution. Once the resolution is adopted, staff will forward the Report to the Department of Community Affairs as part of the City’s AUIR (Annual Update and Inventory Report).
RECOMMENDED ACTION:
Conduct required public hearing; motion to approve attached resolution.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 16, 2006
Agenda Item: 7(D) Prepared By: Bryan Milk, Acting Community Development Director Date: October 10, 2006 |
Agenda Section: | | 
