City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting – September 25, 2000 – 6:00 p.m.

Chairman Cowin called the meeting to order and presided.

All Present, except Councilman Pettersen who was absent .

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Lisa Absher, Finance Director

Ed Dwyer, Fire Chief

Greg Niles, Community Development Director

Tom Jones, Police Chief

Ladd Ryziw, Public Works Director

Laura Litzan, Deputy City Clerk

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Reverend Dean Dalrymple – United Church of Marco Island

APPROVAL OF AGENDA

Chairman Cowin advised Council that the petitioner for item 5(C), Resolution and Public Hearing for Petition No. VAC-00-01, requested that this item be deferred to the next meeting.

MOTION by Vice-Chair Schuler to APPROVE THE AGENDA, AS AMENDED TO DEFER ITEM 5(C). Second by Councilman Pearson. Motion carried 6-0.

Council Minutes for September 11, 2000 (Regular Meeting.)

MOTION by Councilman Minozzi to APPROVE THE MINUTES FOR SEPTEMBER 11, 2000 (REGULAR MEETING.) Second by Councilman Boyce. Motion carried 6-0.

City of Marco Island

City Council Minutes for September 25, 2000

(A) ORDINANCE – Second Reading & Public Hearing – An Ordinance Determining and Fixing the 2000 Tax Levy and Millage Rate for the City of Marco Island.

ORDINANCE – Second Reading & Public Hearing – An Ordinance Adopting the Final Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2000 and Ending September 30, 2001.

(Editorial History: Section 200.065, Florida Statues, provides specific procedures regarding the millage and budget approval process for all local governing authorities. This process is referred to as the “TRIM” process, so named from the title of that section, “Truth in Millage.” A complete timeline for budgetary approval and public hearings is delineated in this section, along with specific rules of order of procedure to be used at the public hearings. Every step of this process must be certified to the Florida Department of Revenue through submittal of a TRIM Compliance Package due within 30 days of completion of this process. The ordinances were adopted on first reading at the meeting held on September 11, 2000.)

Mr. Moss announced that the tentative proposed millage rate is 1.5087; that the roll-back rate is 1.5087; and that the proposed millage rate is equal to the roll-back rate.

Mr. Moss read, by title only, Ordinance 00-10, An Ordinance Determining and Fixing the 2000 Tax Levy and Millage Rate for the City of Marco Island, and Ordinance 00-11, An Ordinance Adopting the Final Budget for the City of Marco Island for the Fiscal year Commencing October 1, 2000 and Ending September 30, 2001.

Mr. Robert Dyer, 1441 Honduras Drive, commented that although he likes the tax relief provided by reducing the millage rate, he is concerned that we are not planning for the future.

MOTION by Vice-Chair Schuler to ADOPT ON SECOND READING, ORDINANCE 00-10, AN ORDINANCE DETERMINING AND FIXING THE 2000 TAX LEVY AND MILLAGE RATE FOR THE CITY OF MARCO ISLAND. Second by Councilman Pearson. Motion carried 6-0.

Councilman Minozzi expressed concern about the funding, or lack thereof, for several items, including video taping City Council meetings; delaying the COPS grant; excessive Firefighter raises; and a potential legal battle with Florida Wildlife Services concerning the Piping Plover.

City of Marco Island

City Council Minutes for September 25, 2000

Discussion followed. Council concurred that the City Manager should obtain estimates to televise City Council meetings and report back to Council; that any discussion regarding Firefighter raises should be held during the agenda item for approval of the Collective Bargaining Agreement with IAFF Local #2887, and that although the potential for a legal battle regarding the Piping Plover exists, Council will act appropriately, if and when it becomes necessary in the future.

MOTION by Chairman Cowin to LIFT THE STAFFING RESTRICTION OF 21 POLICE OFFICERS AND HIRE 3 ADDITIONAL OFFICERS UTILIZING THE COPS GRANT, FOR A TOTAL OF 24 POLICE OFFICERS. Second by Councilman Minozzi. Motion carried 4-2. (Councilman Boyce and Vice-Chair Shuler opposed.)

MOTION by Vice-Chair Schuler to REDUCE THE APPROPRIATED 10% FOR POLICE RAISES TO 5%, AND DIRECT THE REMAINING 5% TO CONTIGENCY. Motion failed for lack of a second.

MOTION by Chairman Cowin to ADOPT ON SECOND READING, ORDINANCE 00-11, AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001. Second by Councilman Pearson. Motion carried 6-0.

(B) ORDINANCE – First Reading – An Ordinance to Amend the Firefighters’ Pension Plan.

(Editorial History: Pursuant to amendments to Chapter 172, Florida Statutes, and upon the request of the Pension Board, attorney James Linn, of Lewis, Longman & Walker, P.A. was asked to review the Pension Plan and make necessary changes to comply with State and Federal law. In June of this year, City Council approved changes to the plan through Ordinance 00-08. Upon submitting our revised plan to the State of Florida, the Division of Retirement determined that additional changes were necessary. The additional changes needed are of an administrative nature and do not have any economic impact.)

Mr. Moss read, by title only, the Ordinance to Amend the Firefighters’ Pension Plan. City Attorney Ken Cuyler advised Council that the Division of Retirement is requiring that this ordinance be enacted prior to the end of the fiscal year, thus it is necessary to handle it as an emergency ordinance. There were no public speakers.

City of Marco Island

City Council Minutes for September 25, 2000

MOTION by Councilman Tucker to DECLARE THE ORDINANCE AMENDING THE CITY OF MARCO ISLAND FIREFIGHTERS’ PENSION PLAN AN EMERGENCY ORDINANCE. Second by Chairman Cowin. Motion carried 6-0.

MOTION by Chairman Cowin to ADOPT THE ORDINANCE AMENDING THE CITY OF MARCO ISLAND FIREFIGHTERS’ PENSION PLAN. Second by Councilman Pearson. Motion carried 6-0.

(C) RESOLUTION – Public Hearing – Petition No. VAC-00-01 – Dominique Rihs, Esq., as agent for Michael Fisher, Esq., is requesting the vacation of a road right-of-way (known as dead end of “Castaways Street”) on the property described as lots 11 & 12, block 225 and lot 22, block 229, owned by Michael and Benae Fisher. The petitioner wishes to use such vacant land as landscaped area.

This item was deferred at the beginning of the meeting.

(D) RESOLUTION – Public Hearing – Petition No. V-2000-04 – Herbert Rosser Savage AIA, as agent for French Village of Marco Condominiums, is requesting a 10 foot variance from the required eastern side yard setback of 15 feet to 5 feet; a 10 foot variance from the required southern side yard setback of 15 feet to 5 feet; and a 5 foot variance from the northern front yard setback of 30 feet to 25 feet for three independent car port shelters.

(Editorial History: On August 25, 2000, following a strict interpretation of the Land Development Code and considering the close proximity to residential properties, staff recommended that the Planning Board forward the petition to City Council with the recommendation of denial. However, after extensive discussion, the Planning Board voted 6-0 to recommend approval of the variance requested. The reasoning behind the Board’s unanimous decision was essentially that he carport shelters could provide more buffering between the adjacent residential properties and the more intensive condominium land use.)

Mr. Moss read, by title only, the Resolution Relating to Petition Number V-00-04. Each council member made his or her ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.

Representing the petitioner, Mr. Herb Savage provided photographs of other carport projects in the area, as well as the design layout of the proposed carport. There were no other public speakers.

City of Marco Island

City Council Minutes for September 25, 2000

MOTION by Vice-Chair Schuler to APPROVE THE VARIANCE REQUESTED IN PETITION NUMBER V-00-04. Second by Councilman Pearson. Motion carried 6-0.

(E) DISCUSSION – Public Speaker “Sign-Up” Procedures.

(Editorial History: Councilman Tucker requested the matter of sign-up procedures be placed on the City Council agenda for discussion on September 11, 2000. Because of time constraints, Councilman Tucker requested and City Council agreed to defer consideration of this subject matter until the September 25, 2000 Council meeting.)

Councilman Tucker suggested that allowing public speakers the option of “signing up” to speak at Council meetings will eliminate the possibility of bypassing someone who wanted to address Council, as well as provide priority consideration for those who have signed up.

MOTION by Councilman Tucker to ALLOW INDIVIDUALS WHO COMPLETE A “SPEAKER REGISTRATION FORM,” AND PROVIDE THE FORM TO THE CITY MANAGER PRIOR TO THE START OF THE MEETING, THE FIRST OPPORTUNITY TO ADDRESS CITY COUNCIL UPON RECOGNITION BY THE CHAIR; INDIVIDUALS WHO DO NOT COMPLETE A “SPEAKER REGISRATION FORM” MAY BE RECOGNIZED BY THE CHAIR UPON THE SHOW OF HANDS FOLLOWING THE RECOGNITION OF REGISTERED SPEAKERS. Second by Councilman Boyce. Motion carried 6-0.

(F) DISCUSSION – Approval of Collective Bargaining Agreement with the IAFF Local #2887.

(Editorial History: The City of Marco Island entered into an Agreement with the International Association of Firefighters Local No. 2887 for the period October 1, 1999 through September 30, 2002. The Agreement provided for the right of the IAFF to reopen negotiations on wages each year. The IAFF opted to reopen negotiations this year as provided in the Agreement.

The proposed Agreement provides for a 10% wage increase effective October 1, 2000, and there will be no additional wage increase next year, the third year of the contract. Other than wages, the other economic issues discussed pertained to workers’ compensation and health coverage. In the current Agreement, the 10% fringe benefit allowance does not apply to earnings derived from workers’ compensation. The proposed Agreement provides for the payment of the 10% fringe benefit allowance on workers’ compensation earnings. The Agreement also provides that health insurance cost to the employee will not increase over the current rate.)

City of Marco Island

City Council Minutes for September 25, 2000

Councilman Minozzi expressed concern that the fringe benefit portion of proposed agreement is excessive. He provided Council with his estimated calculations of the actual percentage increases covering the two years remaining in the contract. Discussion followed. Other council members expressed their views on the accuracy of the stated percentages increases, and/or the need to provide relief to employees for rising medical insurance costs.

Mr. Bob Choaski, South Seas, commented that he has had a difficult time following Council’s discussion, and that charts or graphs depicting the information would be helpful.

MOTION by Councilman Pearson to AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH IAFF LOCAL NO. 2887. Second by Councilman Boyce. Motion carried 5-1. (Councilman Minozzi opposed.)

(G) DISCUSSION – Award of Contract for Health Insurance.

(Editorial History: Due to high claims in the City’s self-insurance fund for this year and our current loss trend, the City has received notice from our re-insurance carrier that we must change our plan description in addition to high renewal rates for the next year. Quotes on the cost of the reduced benefits plan were received from the City’s self-insurance provider and from the only other competitive insurance provider in this area, Blue Cross Blue Shield.

MOTION by Councilman Boyce to AWARD THE CONTRACT FOR HEALTH INSURANCE COVERAGE TO BLUE CROSS BLUE SHIELD. Second by Vice-Chair Schuler. Motion carried 6-0.

(H) DISCUSSION – Approval of Interlocal Agreement with Collier County for Specific Development Activities.

(Editorial History: Division 3 of the Land Development Code addresses development regulations such as subdivisions, site development plans, coastal zone management, etc. Four subsections within Division 3 involve development regulations for activities that will occur with great infrequency on Marco Island, namely explosives, excavation, well construction, and groundwater protection. The purpose of the Interlocal Agreement is to ensure that these important development activities will continue to be properly regulated by qualified personnel. The County will retain all fees associated with those activities permitted pursuant to the Agreement.)

City of Marco Island

City Council Minutes for September 25, 2000

MOTION by Vice-Chair Schuler to AUTHORIZE EXECUTION OF THE INTERLOCAL AGREEMENT WITH COLLIER COUNTY FOR SPECIFIC DEVELOPMENT ACTIVITIES. Second by Councilman Pearson. Motion carried 6-0.

(I) DISCUSSION – Approval of Interlocal Agreements for Sewer Billing and Maintenance Services by Collier County.

(Editorial History: On September 11, 2000, Council conditionally approved an Agreement with Collier County government for transfer of the Marco Island Water and Sewer District facilities to the City of Marco Island. Execution of the transfer Agreement is subject to a legal sufficiency review by the City Attorney.

The City will take legal possession of wastewater collection facilities at closing, which is slated to occur soon after final ratification of the transfer Agreement by the Board of County Commissioners on or about September 26, 2000. However, following additional negotiations with County staff, the City will not assume utility billing and system maintenance responsibilities on the closing date. Collier County will continue to perform such responsibilities as obligated contract services to the City for an approximate period of ninety calendar days or no later than December 31, 2000. This cooperative arrangement will afford City staff with necessary start up time to hire an accounting clerk for utility billing services, and to process competitive bids to secure a utility management contractor for the operational/maintenance functions.)

MOTION by Vice-Chair Schuler to AUTHORIZE EXECUTION OF THE INTERLOCAL AGREEMENTS WITH COLLIER COUNTY FOR UTILITY BILLING AND MAINTENANCE SERVICES, SUBJECT TO FINAL LEGAL REVIEW. Second by Councilman Pearson. Motion carried 6-0.

COUNCIL COMMUNICATIONS AND DISCUSSION

Chairman Cowin reported that he attended the dedication of the new EMS helicopter, and displayed the framed drawing of the new helicopter that he received at the function.

Vice-Chair Schuler reported that some advisory committee members have expressed concern to her about a lack of communication with staff. Discussion followed. Mr. Moss reviewed the current status of advisory committees. It was suggested that written operating procedures for advisory committees might alleviate any miscommunications or misunderstanding.

City of Marco Island

City Council Minutes for September 25, 2000

Chairman Cowin commented that staff is in the process of responding to recommendations from the Department of Community Affairs on the Comprehensive Plan.

Chairman Cowin reviewed a request by Mr. Charlie Huttinger, Chairman of the Beach Advisory Committee, for City membership on two beach advisory committees (Florida Shore & Beach Preservation Association and the American Coastal Coalition.) Council agreed to direct the City Manager to join both committees.

MOTION by Chairman Cowin to HOLD THE NEXT CITY COUNCIL MEETING ON OCTOBER 16, 2000. Second by Councilman Boyce. Motion carried 6-0.

Councilman Minozzi requested an item regarding the status of the MSTU for Sheriff’s services be added to the agenda. This item will appear on the October 16, 2000 agenda.

Ms. Fay Biles, 1588 Heights Court, advised Council that a former EMS employee is making disparaging remarks about the frequency of EMS helicopter trips to and from Marco Island, which should be disregarded.

Mr. Chris Spencer, President of IAFF Local 2887, thanked City Council for supporting the separation of the fire and police departments.

Mr. Sal Sciarrino, 911 Montego Court, thanked City Council for its decision to immediately utilize the COPS grant to fund 3 police officer positions.

Mr. Herb Savage, 651 S. Collier, voiced his support for the City’s participation concerning the Piping Plover issue. He also complimented the police/fire/EMS responders to his wife’s recent accident, and thanked everyone involved.

There being no further business to come before City Council, the meeting adjourned at 7:43 p.m.

(signature page to follow)

City of Marco Island

City Council Minutes for September 25, 2000

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Harry Cowin, Council Chairman

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A. William Moss, City Manager/City Clerk

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Laura Litzan, Deputy City Clerk

Date: _______________________