THE CITY OF MARCO ISLAND
MINUTES
Special-Called Meeting – November 13, 2000 – 6:00 p.m.
Chairman Cowin called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Ken Cuyler, City Attorney
Ed Dwyer, Fire Chief
Tom Jones, Police Chief
Ladd Ryziw, Public Works Director
Laura Litzan, Deputy City Clerk
Other staff members and interested citizens and visitors
BUSINESS
(Editorial History: The purpose of this special called meeting is to discuss the implications of Section 1.01(6) of the City Charter regarding limitations on expenditures; reach agreement as to the appropriate legal interpretation of this section; review immediate and long-term implications of this section; develop short-term solutions; and discuss the feasibility and acceptability of again asking the Marco Island electorate to consider Charter amendments by a special referendum.)
City Manager Moss reviewed for Council the history of the Marco Island electorate’s denial of the proposed Charter amendments, and the affect of that decision on current City operations. He recommends that City Council interpret operating expenditures as provided in Section 2.00.065 (3) (1) F.S. to mean all monies of local government that were or could be expended during the applicable fiscal year or could be retained as a fund balance for spending in the fiscal year (budget to budget); that the expenditure increases are limited to 3% plus the then-current Federal C.O.L.A.; that expenditure limitations do not apply to appropriations authorized by emergency ordinance; and that Section 6.02 is not applicable insofar as to the interpretation of Section 1.01(6); and that Council may consider adopting an ordinance to call for another
referendum to amend the City Charter.
PUBLIC COMMENT
Citizens speaking in favor of another referendum to eliminate the 3% cap:
Mr. Jim Curran, 590 Club Marco Circle
Mr. George Lester, 260 Seaview Court
Mr. Monte Lazarus, (Chairman of the Charter Review Advisory Committee)
City of Marco Island
City Council Minutes for November 13, 2000 (Special-called)
Page 2
Mr. Russ Colombo, 755 Plantation Court, suggested removing the water/sewer utility budget from the City’s operating expenditures and handle it as an “enterprise fund.” He further stated that the removal of the cap is against what the electorate voted on to become a City.
Mr. Richard Heinrich, 1123 S. Collier Boulevard, stated that the urgency to have another referendum is an over reaction. He suggested setting short-term and long-term goals to resolve the situation.
Council discussion followed public comment. Some council members favored placing the water/sewer utility budget into a self-supporting “enterprise fund,” which would eliminate the need to reduce the FY 2001 budget; other council members expressed concern about redefining the water/sewer utility expenditures as something other than expenditures, and the legal ramifications of doing so.
MOTION by Councilman Tucker to DIRECT THE CITY MANAGER TO REDUCE THE FY 2001 BUDGET BY $408,000 AND TO BRING THE BUDGET AMENDMENT TO CITY COUNCIL FOR APPROVAL. Second by Councilman Minozzi. Motion carried 6-1. (Vice-Chair Schuler opposed)
MOTION by Councilman Boyce to EXEMPT ENTERPRISE FUNDS FROM THE CALCULATION OF THE 3% CAP. Second by Vice-Chair Schuler. Motion carried 4-3. (Councilman Minozzi, Councilman Pettersen, Councilman Tucker opposed)
PUBLIC COMMENT
Citizens commenting on the electorate’s lack of understanding of the ramifications of the 3% cap and/or the desire to have another referendum to address this issue:
Mr. Bob Chohoski, 98 Gulfport Court
Mr. Jim Curran, 590 Club Marco Circle
Ms. Vicki Kelber, Kendall Drive
Mr. Charles Hughes, 1235 Treasure Court
Mr. Robert Dyer, 1841 Honduras Avenue
Mr. George Lester, 260 Seaview Court
Mr. Monte Lazarus stated that he strongly feels the voters did not know what they were doing when they voted against the charter amendments, and there was no mention about a 3% cap in the referendum. He urged Council to reconsider its previous vote to exempt enterprise funds from the calculation of the 3% cap.
City of Marco Island
City Council Minutes for November 13, 2000 (Special-called)
Page 3
Mr. Richard Heinrich, 11223 S. Collier Boulevard, again cautioned that no decision needs to be made immediately.
Mrs. Fay Biles, 1588 Heights Court, questioned why the 3% cap was never mentioned in any of the budget workshops. She suggested that everyone should share the blame in not educating the public.
MOTION by Chairman Cowin to RECONSIDER THE MOTION TO EXEMPT ENTERPRISE FUNDS FROM THE CALCULATION OF THE 3% CAP. Second by Councilman Pettersen. Motion carried 4-3. (Vice-Chair Schuler, Councilman Boyce, Councilman Pearson opposed)
MOTION by Chairman Cowin to EXEMPT ENTERPRISE FUNDS FROM THE CALCULATION OF THE 3% CAP. Motion failed 4-3. (Vice-Chair Schuler, Councilman Boyce, Councilman Pearson opposed)
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 7:45 p.m.
____________________________
Harry Cowin, Council Chairman
Date________________________
ATTEST:
____________________________
A. William Moss, City Manager/City Clerk
Date________________________
PREPARED BY:
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Liz Oakes, Secretary
Date: _______________________
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