City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting – September 11, 2000 – 6:00 p.m.

Chairman Cowin called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Bob Boone, Public Safety Director

Lisa Absher, Finance Director

Greg Niles, Community Development Director

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 Jack Hughen – First Baptist Church

APPROVAL OF AGENDA

MOTION by Vice-Chair Schuler to DEFER AGENDA ITEM (F), DISCUSSION – PERFORMANCE APPRAISAL OF THE CITY MANAGER, FOR 48 HOURS. Second by Councilman Pearson. Motion failed 5-2. (Councilman Boyce, Chairman Cowin, Councilman Minozzi, Councilman Pettersen and Councilman Tucker opposed.)

MOTION by Councilman Tucker to APPROVE THE AGENDA, AS PRESENTED. Second by Councilman Pettersen. Motion carried 7-0.

Council Minutes for August 21, 2000 (Regular Meeting.)

MOTION by Vice-Chair Schuler to APPROVE THE MINUTES FOR AUGUST 21, 2000 (REGULAR MEETING.) Second by Councilman Pearson. Motion carried 7-0.

City of Marco Island

City Council Minutes for September 11, 2000

Council Minutes for August 21, 2000 (Workshop Meeting.)

MOTION by Chairman Cowin to APPROVE THE MINUTES FOR AUGUST 21, 2000 (WORKSHOP MEETING.) Second by tacit approval. Motion carried 7-0.

Council Minutes for August 28, 2000 (Workshop Meeting.)

MOTION by Chairman Cowin to APPROVE THE MINUTES FOR AUGUST 28, 2000 (WORKSHOP MEETING.) Second by tacit approval. Motion carried 7-0.

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

ORDINANCE – First 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.)

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.

City of Marco Island

City Council Minutes for September 11, 2000

Mr. Jim Curran, 590 Club Marco Circle, expressed concern that some council members may not follow the “spirit” of the recent referendum (at which voters elected to retain municipal law enforcement) by not fully funding police services. He advised City Council that recall actions against council members would begin, should this happen.

Other citizens speaking in support of Mr. Curran’s statement:

Mr. Charles Slagle, 805 Caribbean Court

Ms. Vicki Kelber, Kendal Drive

Mr. George Lester, 460 Seaview Court

Mr. Thomas Smith, 1426 Seaview Court

Ms. Marilyn Chohaski, Seaview Court

Mr. Pat Reese, 285 Edgewater Court

Mr. Charles Hughes, 1235 Treasure Court

Mr. Bill Merrick, 1049 Bonita Court

Mr. Robert Dyer, 1441 Honduras Drive

Mr. Lynn Bradeen, 1298 Orange Court

MOTION by Councilman Pettersen to ADOPT ON FIRST 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 Tucker. Motion carried 7-0.

City Manager Moss summarized the changes to the budget that were directed by City Council at its last budget workshop. He advised Council that he is recommending three additional changes to the proposed budget and/or organizational policy:

1) Divide the Public Safety Department into separate police and fire departments, each directed by a Police Chief or Fire Chief who reports directly to the City Manager;

2) Delay funding three police officer positions with the COPS grant until statistical data can be gathered to determine appropriate staffing levels;

3) Hire code enforcement personnel with law enforcement backgrounds, which would allow the flexibility to occasionally assign them to police duties, but dress them in civilian clothing, without firearms.

MOTION by Councilman Boyce to SUPPORT THE CITY MANAGER’S RECOMMENDATIONS. Second by Vice-Chair Schuler. No vote taken. Further discussion followed.

City of Marco Island

City Council Minutes for September 11, 2000

Some council members expressed support for the City Manager’s recommendations; others expressed concern about postponing the COPS grants and the possibility of losing the grant funds.

MOTION by Councilman Tucker to AMEND THE MOTION TO SUPPORT THE CITY MANAGER’S RECOMMENDATIONS, WITH THE EXCEPTION THAT THE COPS GRANT BE IMPLEMENTED AT THE EARLIEST POSSIBLE DATE. Second by Councilman Minozzi. Second withdrawn following discussion; motion failed for loss of the second.

(original motion restated here for clarity)

MOTION by Councilman Boyce to SUPPORT THE CITY MANAGER’S RECOMMENDATIONS. Second by Vice-Chair Schuler. Motion carried 5-2. (Councilman Pettersen and Councilman Tucker opposed.)

Mr. Moss advised Council that a tentative agreement has been reached with IAFF Local #2887, and that the resulting increased wage and benefit adjustments will be incorporated into the final budget document. Some council members commented on further additional changes they would like to have incorporated into the final budget.

MOTION by Vice-Chair Schuler to DIRECT THE CITY MANAGER TO AMEND THE BUDGET, REDUCING THE TRAVEL PER DIEM TO $30,000, WITH THE REMAINING $31,871 PLACED IN THE CONTIGENCY FUND. Second by Councilman Pearson. Motion withdrawn following discussion.

MOTION by Councilman Minozzi to DIRECT THE CITY MANAGER TO AMEND THE BUDGET, DIRECTING ONE-HALF OF THE GENERAL FUND CONTINGENCY BACK INTO DEPARTMENTAL CONTINGENCY FUNDS. Second by Councilman Tucker. Motion carried 6-1. (Councilman Pearson opposed.)

MOTION by Chairman Cowin to ADOPT ON FIRST 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 Pettersen. Motion carried 7-0.

City of Marco Island

City Council Minutes for September 11, 2000

Recess: 7:35 p.m. to 7:45 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(B) RESOLUTION – A Resolution Authorizing a Special Assessment for Phase I Sidewalk Improvement Program.

(Editorial History: Ordinance No. 99-1 authorizes the imposition and collection of special assessments to fund the cost of capital improvements providing a special benefit to local areas within the City. The Marco Island City Council, through Resolution No. 99-21, created the assessment area referred to as Phase I Sidewalk Improvement District. Sidewalks and associated storm drainage were installed within the defined district. Ordinance No. 99-1 requires the adoption of an Annual Assessment Resolution as a part of the budget process.)

Mr. Moss read, by title only, the Resolution Authorizing the Imposition and Collection of Special Assessments.

MOTION by Chairman Cowin to APPROVE THE RESOLUTION AUTHORIZING THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS (FOR PHASE I SIDEWALKS.) Second by Vice-Chair Schuler. Motion carried 7-0.

(C) RESOLUTION – A Resolution to Urge the Board of County Commissioners to Reenact the Unincorporated MSTU.

(Editorial History: On August 7, 2000 Councilman Minozzi requested City Council to consider a resolution to urge the Board of County Commissioners to reenact the Unincorporated MSTU. Council agreed to defer consideration of this resolution until the September 11, 2000 City Council meeting.

In the early 1980s, Collier County enacted an Unincorporated MSTU to fund a portion of the Sheriff’s Office budget. This action resulted in a taxation philosophy referred to as the “Doughnut Theory” in which taxes in the City of Naples were lower because they had their own police department, while the Unincorporated areas paid more taxes through the Unincorporated MSTU.

In 1998, the Unincorporated MSTU was 0.5721 mils. In 1999, the Board of County Commissioners evaluated the distribution of services between the General Fund and the Unincorporated Area General Fund. They decided to allocate 100% of the Sheriff’s budget to the General Fund. The Board’s policy change has since required property owners in Marco Island and Naples to pay for a disproportionate share of the Sheriff’s budget.)

City of Marco Island

City Council Minutes for September 11, 2000

Councilman Minozzi reviewed for Council the history of the unincorporated MSTU, and the over-taxation of Marco Island residents resulting from its dissolution. Mr. Moss read, by title only, the Resolution Requesting the Board of County Commissioners Reenact the Unincorporated MSTU.

MOTION by Councilman Minozzi to APPROVE THE RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS REENACT THE UNINCORPORATED MSTU. Second by Vice-Chair Schuler. Motion carried 7-0.

(D) RESOLUTION – A Resolution to Adopt Specific Policies Required by HUD for Communities Participating in Urban County Cooperative Agencies.

(Editorial History: The Department of Housing and Urban Development (HUD) requires that communities desiring to enter into Cooperative Agreements adopt and enforce two policies concerning non-violent civil rights demonstrations.)

(E) RESOLUTION – A Resolution to Support Collier County’s Request for Participation in Collier County’s Urban County Community Development Block Grant and Homes Programs for FY 2001-2003.

(Editorial History: In July 1998 City Council agreed to support Collier County in their efforts to become designated as an Urban County by the Department of Housing and Urban Development (HUD). By obtaining Urban County status the County would become eligible for non-competitive funding for housing and community development grants. Because the County needed an aggregate population of 200,000 to qualify, they sought City support for the inclusion of Marco Island in their application.

As the deadline for the County’s application approaches, staff has been informed that the County still needs Marco Island’s population to meet the minimum threshold to qualify. Based on the previous motion of support, and other understandings, the City has agreed to be included in the County’s application. With the City included in the Urban County program the City will not be eligible to pursue specific federal and state grant programs during fiscal years 2001-2003. However, the County has agreed to provide $250,000 per year for eligible projects on Marco Island, on a non-competitive basis)

Mr. Moss read, by title only, the Resolution to Adopt and Enforce Specific Polices Required by the Department of Housing and Urban Development and the Resolution Pertaining to the City of Marco Island’s Participation in Collier County’s Urban County Community Development Block Grant.

City of Marco Island

City Council Minutes for September 11, 2000

MOTION by Councilman Pettersen to APPROVE THE RESOLUTION TO ADOPT AND ENFORCE SPECIFIC POLICIES REQUIRED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND APPROVE THE RESOLUTION PERTAINING TO THE CITY OF MARCO ISLAND’S PARTICIPATION IN COLLIER COUNTY’S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOMES PROGRAMS FOR FEDERAL FISCAL YEARS 2001-2003. Second by Councilman Minozzi. Motion carried 7-0.

(F) DISCUSSION – Performance Appraisal of the City Manager.

(Editorial History: On August 21, 2000, City Council accepted Chairman Cowin’s request to schedule a discussion regarding the performance evaluation of the City Manager.)

Council members expressed their views on establishing a formal procedure for performance evaluations of the City Manager; whether an evaluation is warranted before March, 2001; and on the City Manager’s performance to date.

Citizens speaking in support of the City Manager and/or Director Bob Boone:

Ms. Lora Jean Young, 1268 North Collier Boulevard

Reverend Joy Baumgartner, 537 Nassau Road (speaking on behalf of the Marco Island Clergy – Ed. Note: Rev. Baumgartner spoke at length about City Council leadership and cooperation amongst council members to repair divisions within the community.)

Mr. Jim Curran, 590 Club Marco Circle

Ms. Vicki Kelber, Kendall Drive

Mr. Pat Reece, 283 Edgewater Court

Mr. George Lester, 260 Seaview Court

Ms. Marilyn Chohaski, Seaview Court

Mr. Robert Dyer, 1441 Honduras Drive

Mr. Ed Burlingame, Marco Island Police Officer

Mr. Mario Curiale, 820 Eubanks Court, requested respect for all speakers, regardless of their opinions.

MOTION by Councilman Tucker to CONFIRM COUNCILS’ ESTABLISHED PROCEDURE OF EVALUATING THE CITY MANAGER EACH YEAR, IN MARCH. Second by Councilman Minozzi. Motion carried 7-0.

City of Marco Island

City Council Minutes for September 11, 2000

(G) DISCUSSION – Approve Interlocal Agreement for the Acquisition of the Marco Island Water and Sewer District Facilities.

(Editorial History: On May 1, 2000, Council directed staff to develop an Interlocal Agreement with Collier County government for transfer of the Marco Island Water and Sewer District (MIWSD) facilities to the City of Marco Island.)

City Attorney Ken Cuyler advised Council that his review of the document is not yet complete, and that he will make any minor modifications that he deems necessary. Mr. Edward Finn, Collier County Public Utilities Administrator, agreed that at least one area of the agreement may need modification following legal review.

MOTION by Councilman Pettersen to APPROVE THE INTERLOCAL AGREEMENT FOR ACQUISITION OF THE MARCO ISLAND WATER AND SEWER FACILITIES, SUBJECT TO FINAL LEGAL REVIEW, AND AUTHORIZE THE CHAIRMAN TO SIGN THE FINAL AGREEMENT. Second by tacit approval. Motion carried 6-1. (Chairman Cowin opposed.)

(H) DISCUSSION – Award Contract for Storm Drainage System Services.

(Editorial History: In order to achieve various contract/procurement management objectives, the Public Works Department is processing a series of bids and call for proposals from local construction contractors and engineering consultants. The bids and proposals are generally intended to serve as renewable term contracts, and pertain to maintenance/operational functions, was well as to capital improvement projects.)

MOTION by Chairman Cowin to APPROVE AWARD OF CONTRACTS TO THE THREE SHORT-LISTED FIRMS AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE REQUIRED AGREEMENTS. Second by Councilman Pettersen. Motion carried 7-0.

(I) DISCUSSION – Retention of Facilitator.

This item was deferred to the City Council meeting scheduled for September 25, 2000. (Ed. Note: This agenda item was subsequently deferred to the meeting of October 2, 2000.)

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

This item was deferred to the City Council meeting scheduled for September 25, 2000.

City of Marco Island

City Council Minutes for September 11, 2000

COUNCIL COMMUNICATIONS AND DISCUSSION

Chairman Cowin suggested that Council authorize Mr. Charlie Huttinger to attend a conference representing the Beach Advisory Committee.

MOTION by Councilman Tucker to AUTHORIZE THE EXPENDITURE OF $750 FOR CONFERENCE ATTENDANCE FOR MR. CHARLIE HUTTINGER. Second by Chairman Cowin. Motion carried 7-0.

There being no further business to come before City Council, the meeting adjourned at 9:15 p.m.

____________________________

Harry Cowin, Council Chairman

Date________________________

____________________________

A. William Moss, City Manager/City Clerk

Date________________________

____________________________

Laura Litzan, Deputy City Clerk

Date: _______________________