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, November 6, 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 w ho 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 Joy Baumgartner, United Church of Marco Island
3. APPROVAL OF AGENDA
4. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
5. PRESENTATIONS
(A) Employee of the Month for November
(B) Big Cypress Basin - Presentation of Grant Awards
6. PUBLIC HEARINGS / SEPTIC TANK REPLACEMENT PROGRAM
(A) RESOLUTIONS - Final Assessment Area 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
7. 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 October 9, 2006 (Special-Called Meeting, 4:30 pm)
(B) Council Minutes for October 9, 2006 (Special-Called Meeting, 6:00 pm)
(C) Council Minutes for October16, 2006 (Regular Meeting)
(D) Council Minutes for October 23, 2006 (Joint Workshop)
8. BUSINESS
(A) RESOLUTION - A Resolution Encouraging Free and Open Civil Discourse and Respect for Opinions of Others.
(B) ORDINANCE - Second Reading & Public Hearing - An Ordinance to Amend Chapter 52, Division 2 (Impact Fees).
(C) ORDINANCE - Second Reading & Public Hearing - An Ordinance to Amend Park Rules to Allow Dogs in Parks.
(D) RESOLUTION - A Resolution to Designate Tract C and D as an Area Allowing Dogs on Leashes.
(E) ORDINANCE - First Reading - An Amendment to the Code of Ordinances to Provide Regulations for Seawall Construction.
(F) RESOLUTION - A Resolution Authorizing a Sidewalk / Pedestrian Node on South Collier Boulevard at Spruce Avenue.
(G) RESOLUTION - Reconsideration of Petition CU-05-02 (Trinity Plaza).
(H) DISCUSSION - Award of Contract - Lease of Teen Center.
(I) DISCUSSION - Request by Amber Lou Investment Company for Reduction of Fines/Lien Imposed by Code Enforcement Board.
9. COUNCIL COMMUNICATIONS AND DISCUSSION
10. FUTURE AGENDA
11. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
12. 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: November 6, 2006
Agenda Item: Prepared By: Michael D. Murphy, Fire-Rescue Chief 5(A) Date: October 31, 2006 |
Agenda Section: Business: |
Subject: Employee of the Month Department: Fire-Rescue |
BACKGROUND:
The City is honored to recognize, reward, and celebrate the valuable contributions of its outstanding employees. The outstanding employee for the month of November is Administrative Assistant Mary Husted.
Mary recently celebrated her 8th year of employment with the City of Marco Island Fire Rescue Department and was originally hired as the secretary for the Public Safety Director and the Fire Chief. During her tenure she has quietly worked behind the scenes supporting both the Fire Rescue Department and Police Department’s administrative functions and is currently the main point of contact for the Fire Department. Mary assists other departments by overseeing the City’s cellular phone needs, employee identification cards, and assisting with the CodeRED messaging system.
Mary’s dedication to the City has also been displayed by her willingness to stay on our island during hurricanes and major incidents to assist with staffing the Emergency Operations Center as well as coordinating resources during and after storms.
Mary is a positive, hardworking individual who is willing to assist her fellow City employees and the citizens of Marco Island whenever and wherever she may be needed.
In addition to the plaque recognizing Mary as the Employee of the Month, she will receive a paid day off and a reserved parking space at City Hall for the month of November.
RECOMMENDED ACTION:
Present award.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 6, 2006
Agenda Item: Prepared By: A. William Moss 5(B) Date: October 31, 2006 |
Agenda Section: Presentations |
Subject: Big Cypress Basin – Presentation of Department: City Council Grant Awards |
BACKGROUND:
On behalf of Big Cypress Basin and the South Florida Water Management District (SFWMD), Director Clarence Tears Jr. will present a “big” check to the City, representing funding from the SFWMD for several capital projects, including the Septic Tank Replacement Program.
RECOMMENDED ACTION: Receive “big” check.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 6, 2006
Agenda Item: 6(A) & 6(B) Prepared By: William P. Harrison Date: October 25, 2006 |
Agenda Section: Business: Resolutions |
Subject: Septic Tank Replacement Program: Department: Finance Creation of Five Assessment Areas with Bond Resolutions |
BACKGROUND:
City Council is asked to consider five (5) resolutions for the creation of assessment areas 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 areas 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. Public hearings were held at the City Council meeting of October 16th and input received from residents of the five assessment areas and other concerned citizens. City Council continued the public hearings to this November 6, 2006 meeting.
The process of creating assessment areas 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 areas for construction in 2007. The West Winterberry neighborhood and the North Barfield neighborhoods are scheduled for next year. The area at the north end of the island has been divided into three separate assessment areas. The North Marco Area 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 Area 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 Area, 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.
City Council has taken steps to significantly reduce the cost of the sewer assessment program to residents:
First, $5,500,000 in grants anticipated to be received from the South Florida Water Management District have been used to reduce the Capacity Assessment by $1,112 per equivalent residential connection (ERC).
Second, the City Council has increased sewer impact fees to $4,610 per ERC and has reduced the Capacity Assessment by $683 per ERC to equal the sewer impact fee.
Third, the City Council has determined that the cost of re-surfacing roadways after completion of sewer line construction is a benefit to the entire community, not just assessed property owners, and has directed that the costs of the roadway overlay be paid from Utility Fund rate base revenues. This change reduces the cost of the sewer assessments by approximately 10%.
Combined, these changes have reduced the cost of sewer assessments by an average of $3,000 per property assessed. The five Final Assessment Resolutions have been amended to reflect these reductions.
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.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 6, 2006
Agenda Item: Prepared By: A. William Moss, City Manager 8(A) Date: October 23, 2006 |
Agenda Section: Business: Resolution |
Subject: A Resolution Encouraging Free and Open Civil Department: City Manager Discourse and Respect for Opinions of Others |
BACKGROUND:
The City Manager and Council Chair have received a request from Mr. Monte Lazarus representing Celebrate Marco. The attached letter states that Celebrate Marco was created as a non-partisan group to express gratitude for our City and to develop a stronger positive sense in our community. The request of City Council is consideration of a Resolution as a first step toward encouraging all citizens to respect divergent views and maintain civility toward one another.
The attached Resolution is presented for consideration by City Council.
RECOMMENDED ACTION:
Consider Resolution.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 6, 2006
Agenda Item: Prepared By: A. William Moss, City Manager 8(B) Date: October 17, 2006 |
Agenda Section: Business: Ordinance – Second Reading |
Subject: Ordinance to Amend Chapter 52, Division 2 Department: City Manager (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. This Ordinance was adopted on first reading on October 16, 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 second 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 November 6, 2006. The effective date for implementation of the revised water and wastewater capital facilities fees as shown in Exhibit “A” (2) is February 5, 2007, in order to comply with a new Florida Statute adopted in the 2006 legislative session.
RECOMMENDED ACTION:
Conduct public hearing and adoption of the 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: November 6, 2006
Agenda Item: Prepared By: Dana A. Souza 8(C) Date: October 18, 2006 |
Agenda Section: Business: |
Subject: Ordinance to Amend Park Rules Department: Parks and Recreation Pertaining to Dogs and Other Pets Second Reading |
BACKGROUND:
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.
On October 16, 2006, the City Council reviewed the proposed amendment to the Parks Rules Ordinance which grants City Council authorization to amend the “Dogs and Other Pets”, Section 3(k) by resolution. The proposed ordinance was adopted on First Reading at the October 16, 2006 City Council meeting.
Upon adoption of the ordinance, City Council will then consider a resolution establishing Tract C and D as a location where dog owners may walk their dogs on leash.
RECOMMENDED ACTION: Discussion; 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: November 6, 2006
Agenda Item: Prepared By: Dana A. Souza 8(D) Date: October 18, 2006 |
Agenda Section: Business: |
Subject: Resolution to Designate Tract C and D Department: Parks and Recreation As an Area Where Dog Owners May Walk Their Dogs On Leash |
BACKGROUND:
City Council has requested that a Resolution be adopted, in accordance with the amended Parks Rules Ordinance, to allow dog owners to walk their dogs, on leash, on Tract C and D (Winterberry Dr.).
On October 16, 2006, the City Council reviewed the proposed amendment to the Parks Rules Ordinance which grants City Council authorization to amend the “Dogs and Other Pets”, Section 3(k) by resolution. The proposed ordinance was adopted on First Reading at the October 16, 2006 City Council meeting.
If City Council approved the Ordinance amendment at Second Reading, the attached Resolution is required for City Council to establish Tract C and D as an area to allow dog owners to walk their dogs, on leash.
City Council will review the impact of allowing dogs in Tract C and D (on leash) six months from adopting the resolution. During the review period, staff will record complaints, incidents and successes related to the resolution.
Staff will order and install additional trash receptacles and plastic bag dispensers for patron use at Tract C and D.
RECOMMENDED ACTION: Discussion; adopt Resolution.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 6, 2006
Agenda Item: Prepared By: Bryan Milk, City Planner 8(E) Date: October 27, 2006 |
Agenda Section: Business: Ordinance – First Reading |
Subject: Amendment to Code of Ordinances to provide regulations for seawall construction. Department: Community Development & Public Works |
BACKGROUND:
At the October 16, 2006 meeting, City Council discussed the proposed seawall construction ordinance and policy pertaining to the manufacturing of precast seawall panels on vacant lots.
During the meeting, representatives of the local marine contractors addressed City Council. Following discussion Council asked staff to rewrite the ordinance with proposed amendments. The following strike through and underlines are recommended changes to the ordinance following the meeting of October 16, 2006:
1. The contractor shall notify the City, as part of the building permit application process for seawall work, that he/she intents of intentions 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 post the subject property and/or vacant lot with a weather proof permit board not to exceed six square feet, including the permit card, construction drawings, and notice of commencement 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 and/or marine construction activities on a vacant lot shall only be performed for a maximum of 120 60 days. Upon completion of use and prior to the expiration of the 120 60-day period, the contractor shall restore the lot to pre-use condition. After 60 days of non-use, the contractor may resume manufacture of seawall panels or marine construction activities provided the above criteria has been provided and a new permit is obtained. Any vacant lot so used shall not be used more than three times or 180 120 days within a consecutive 365 day period;
5. Failure to comply with provisions of this code shall constitute a violation of this code. Contractors in violation shall not be granted additional permits for the period of time a violation exists;
5. Penalties: If the contractor does not leave the site in good order after the 60-day period and/or remove all equipment and materials from the site, then fines of $250 per day shall be assessed to the contractor. No other permits shall be granted to the contractor for the period of time the contractor is in violation;
6. Special exceptions: The contractor may seek an administrative extension beyond the 120 60-day period provided the Community Development Director staff is presented sufficient information justifying the contractors need to stay on-site beyond the 120 60-day period. Justification may be as follows: multiple seawall contracts in vicinity of the vacant lot, length of seawall greater than 100 feet, inclement weather, and availability of materials. Staff may provide a maximum 60-day extension, provided the request is justified. Exceptions shall not be used to extend use of the vacant lot beyond 180 120 consecutive days;
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 120 60-day period.
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 a Resolution (attached to the ordinance), rather than an Ordinance.
The amendments addressed in items 1-8 above have been included in the attached ordinance.
RECOMMENDED ACTION:
Conduct public hearing and 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: November 6, 2006
Agenda Item: Prepared By: Rony Joel, Public Works Director 8(F) Date: October 30, 2006 |
Agenda Section: Business: Resolution |
Subject: A Resolution Authorizing Department: Public Works Sidewalk/Pedestrian/Bicycle Node – South Collier Boulevard and Spruce Street Improvement |
BACKGROUND:
Proposed is a resolution asking City Council to authorize the City Manager to enter into an Agreement with the Florida Department of Transportation (FDOT) in the amount of $50,000.
The City previously received a FDOT grant to construct a sidewalk/pedestrian/bicycle node in the amount of $50,000.
This grant project comprises a 30’ x 30’ x 47’ curved sidewalk/pedestrian/bicycle node at the northeast corner of South Collier Boulevard and Spruce Avenue. Other items included at the node will be benches, water fountain, planters, trash receptacles, trellis structure, news rack, information board, pavers, landscape lighting and irrigation.
Attached is the agreement with the FDOT for the construction of the node.
Also attached is a resolution authorizing the City Manager to execute the Agreement with FDOT.
RECOMMENDED ACTION:
Adoption of Resolution, and authorize the City Manager to enter into an agreement with the FDOT for the development of the node in the amount of $50,000.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: | 
