City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting August 20, 2001 6:05 p.m.

Chairman Tucker called the meeting to order and presided.

All Present (Councilman Pettersen left the meeting at 8:35 p.m.)

Also Present: A.William Moss, City Manager

Ken Cuyler, City Attorney

Greg Niles, Community Development Director

Ladd Ryziw, Public Works Director

Laura Litzan, Deputy City Clerk

Roger Reinke, Police Chief

Mike Murphy, Fire Chief

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Reverend Ron Biel Marco Lutheran Church

APPROVAL OF AGENDA

Chairman Tucker requested reversing the order of item 6(I ) and 6(J) and to accept public comment at the end of item 5(A), Chief Reinkes presentation.

MOTION by Councilman Boyce to APPROVE THE AGENDA AMENDED TO REVERSE ORDER OF ITEMS 6(I) & 6(J) AND TO ACCEPT PUBLIC COMMENT AT THE END OF ITEM 5(A). Second by Vice-Chair Minozzi. Motion carried 5-0.

(A) Council Minutes for August 6, 2001 (Regular Meeting.)

MOTION by Vice-Chair Minozzi to APPROVE THE AUGUST 6, 2001 MINUTES (REGULAR MEETING.) Second by Councilman Boyce. Motion carried 5-0.

City of Marco Island

City Council Minutes for August 20, 2001

(B) Council Minutes for August 13, 2001 (Special Called Meeting.)

MOTION by Councilman Boyce to APPROVE THE MINUTES FOR AUGUST 13, 2001 (SPECIAL CALLED MEETING.) Second by Vice-Chair Minozzi. Motion carried 5-0.

Mrs. Barbara Day, 1864 Honduras, expressed concern that the phone system for the police department is not manned 24 hours a day.

(A) Report from Police Chief Roger Reinke.

In response to Mrs. Barbara Days concerns and Council inquiries, Chief Reinke explained dispatching procedures and how to reach police officers after normal business hours.

Chief Reinke reviewed for Council the recently acquired Highway Safety grant; the Victims of Crime Act grant; and a mid-year report regarding reported crime and arrests.

Lieutenant Cliff Morine presented information on a firearms training program.

(B) Report on Teen Dances Jeremy Hurd, YMCA Youth Program Director

Mr. Jeremy Hurd, YMCA Youth Program Director, reported on the success of the teen nights and “splash camp” during the summer.

Ms. Cindy Love, YMCA Director, thanked City Council and staff for their support of teen activities.

(A) ORDINANCE First Reading An Ordinance to Establish Residential Single Family Zoning District Standards.

City of Marco Island

City Council Minutes for August 20, 2001

(Editorial History: Presented for consideration on first reading is an ordinance to establish residential single-family (RSF) zoning district standards. City Council reviewed the proposed ordinance as a discussion item on July 16, 2001 and considered the ordinance on first reading on August 6, 2001. Two motions to adopt the ordinance failed due to the lack of the required majority vote (4 of 5). City Council agreed to individually discuss the proposed ordinance with the City Manager prior to re-submittal for consideration on first reading.)

Mr. Moss read, by title only, the Ordinance to Establish Residential Single Family Zoning District Standards. There were no public speakers.

MOTION by Councilman Pettersen to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH RESIDENTIAL SINGLE FAMILY DISTRICT STANDARDS. Second by Councilman Boyce. Motion carried 5-0.

(B) First Reading An Ordinance to Establish City of Marco Island Noise Control Ordinance.

(Editorial History: The ordinance is constructed with the intent to make it unlawful to cause any loud, disturbing, and unnecessary noise that disturbs the comfort, repose, and peace of others.)

Mr. Moss read, by title only, the Ordinance to Establish a City of Marco Island Noise Control Ordinance.

Mr. David Rice, 184 Stillwater Court, expressed concern about the Christmas Island Style parade noise causing complaints.

Mr. Herb Savage, 816 Elkcam Circle, spoke against too much complaining about noise.

Mr. Bob Olson, 900 Montego Circle, suggested that on Friday and Saturday nights, an 11:00 p.m. noise curfew instead of 10:00 p.m. as proposed be adopted.

Mr. Sal Sciarrino, 911 Montego Court, suggested that Council make the law and that the police department enforce the law.

City of Marco Island

City Council Minutes for August 20, 2001

MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH A CITY OF MARCO ISLAND NOISE CONTROL ORDINANCE. Second by Vice-Chair Minozzi.

(Editorial History: On July 16, 2001 representatives of the Students Working Against Tobacco (SWAT) asked City Council to adopt an ordinance to require all tobacco transactions in retail stores to be vendor assisted. The Board of County Commissioners adopted a countywide ordinance regulating the merchandising of tobacco products. On August 6, 2001 City Council directed the preparation of a City ordinance that mirrored the County ordinance in order that the ordinance would be contained within the Citys Code book for appropriate enforcement.

Mr. Moss read, by title only, an Ordinance Regulating Merchandising of Tobacco Products.

Mr. Herb Savage, 816 Elkcam Circle, commented that Council should not have to pass an ordinance to do the parents job.

MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING THE ORDINANCE REGULATING MERCHANDISING OF TOBACCO PRODUCTS. Second by Councilman Pettersen. Motion carried 4-1. (Councilman Boyce opposed.)

Recess: 7:25 p.m. to 8:40 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(Editor History: With consent of Council, Item 6(I) and Item 6(J) were moved to follow the break.)

City of Marco Island

City Council Minutes for August 20, 2001

(J) DISCUSSION Preliminary Valuation Report, Florida Water Services.

(Editorial History: In February 2000 City Council authorized Public Resources Management Group, Inc. to prepare a preliminary evaluation report of Florida Water Services water, wastewater, and reuse system. The report was completed and distributed to City Council in January 2001. The report presented an opinion as to the cost to acquire Florida Water Services. The opinion of acquisition cost was based on three methods studied by the project team. These were: replacement cost new less depreciation evaluation; comparable sales evaluation; and going concern evaluation. The evaluation team issued an opinion of acquisition cost of $82 million.)

Councilman Pettersen reminded Council that they have not discussed the preliminary evaluation report and that no feasibility study has been done on the long term management plan proposed. Councilman Pettersen requested that Council schedule a workshop meeting to discuss the preliminary report.

MOTION by Councilman Pettersen to SCHEDULE A WORKSHOP MEETING FOR OCTOBER 8, 2001 AT 6:00 P.M. TO DISCUSS THE PRELIMINARY REPORT AND OTHER WATER UTILITY ISSUES. Second by Chairman Tucker. Motion carried 5-0.

Mr. Jim Curran, President of Citizens for a Better Marco, suggested that Council

thoroughly review this issue before proceeding further.

Mr. Bob Olson, 900 Montego Circle, suggested that Council delay this decision until after seven (7) Council members are seated next year, and that a workshop on the preliminary report should be held.

Mr. Fred Kramer, 440 Cottage Court, recalled for Council the broken promises made by Florida Water Services in the past and concern for the lack of investigation into this issue.

Ms. Karen Urbanik, 1558 Heights Court, feels that the facts of the matter need to be given to the public at a workshop.

Mr. Brian Bellman, 270 Copperfield Court, requested that Council investigate his concern regarding salt water leaking into the system, which he believes is a serious problem.

Mr. Walt Jaskiewicz, Vice-President of Marco Island Taxpayers Association, agreed that Council should hold a workshop regarding the preliminary report.

City of Marco Island

City Council Minutes for August 20, 2001

(I) DISCUSSION Authorization to Negotiate Final Agreement with Florida Water Services.

(Editorial History: On August 13, 2001 City Council received an engineering report regarding the Florida Water Services Joint Water Management Plan. Furthermore, City Council authorized the City Manager to present the Plan to the Collier County Water and Wastewater Authority to determine what, if any, position they may have in regard to the proposed Plan. City Council agreed that formal authorization to negotiate an agreement should be scheduled for consideration.)

MOTION by Councilman Pettersen to DELAY THIS MATTER UNTIL AFTER THE COUNCIL WORKSHOP ON OCTOBER 8, 2001. Motion failed for a lack of a second.

MOTION by Councilman Cowin to AUTHORIZE THE CITY MANAGER TO BEGIN THE FINALIZATION OF THE AGREEMENT WITH FLORIDA WATER SERVICES. Second by Councilman Boyce. Motion carried 4-1. (Councilman Pettersen opposed.)

MOTION by Councilman Cowin to FORMALLY SUBMIT THE PLAN TO COLLIER COUNTY WATER & WASTEWATER AUTHORITY FOR CONSIDERATION. Second by Councilman Boyce. Motion carried 4-1. (Councilman Pettersen opposed.)

(D) ORDINANCE First Reading Post Disaster Redevelopment Plan and Associated Build-back Policies.

(Editorial History: At the meeting of August 6, 2001, City Council discussed a draft Post-disaster Redevelopment Ordinance. The ordinance establishes policies and procedures for redevelopment in the aftermath of a significant disaster event. The ordinance also incorporates the build-back language contained in the approved Comprehensive Plan. This language allows for the reconstruction of all structures, including non-conforming structures, pursuant to review criteria.)

Mr. Moss read, by title only, the Ordinance for a Post Disaster Redevelopment Plan and Associated Build-back Policies.

Ms. Karen Urbanik, 1558 Heights Court, inquired whether this Ordinance mirrors

Ms. Fay Biles, 1588 Heights Court, questioned the difference in the replacement value as determined by “major disaster” or a “catastrophic disaster.”

City of Marco Island

City Council Minutes for August 20, 2001

MOTION by Councilman Cowin ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH A POST DISASTER REDEVELOPMENT PLAN AND ASSOCIATED BUILD-BACK POLICIES. Second by Councilman Boyce. Motion carried 4-0. (Councilman Pettersen absent.)

(E) RESOLUTION A Resolution to Adopt Fire Related New Construction and Plan Review Inspection Fees.

(Editorial History: Collier County recently adopted a revised fee schedule for processing Fire-Rescue permits, plan review and inspections of new construction. A review of this adopted fee schedule indicates that it would be appropriate to place this fee schedule in effect for processing permits and new construction within the City of Marco Island. The fees derived from this will pay for the Plan Review/Inspection position in the upcoming budget.)

Mr. Moss read, by title only, the Resolution to Adopt Fire Related New Construction and Plan Review Inspection Fees. There were no public speakers.

MOTION by Councilman Boyce to APPROVE THE RESOLUTION TO ADOPT FIRE RELATED NEW CONSTRUCTION AND PLAN REVIEW INSPECTION FEES. Second by Councilman Cowin. Motion carried 4-0. (Councilman Pettersen absent.)

(D) RESOLUTION A Resolution to Authorize Changes to the Florida Municipal Loan Council Agreement.

(Editorial History: In November 2000, City Council approved a loan agreement resolution between the City and the Florida League of Cities Loan Pool (known as the Florida Municipal Loan Council) to borrow $985,000 for bridge repairs to the Factory Bay bridge. This is a “pooled loan” where many cities combined their needs into one loan managed by the League of Cities. The original loan agreement between the cities did not adequately provide provisions for the City Manager, or other party, to be able to approve minor changes to the loan agreement without going before City Council for approval. The League is requesting that the City approve the Resolution, allowing the City Manager to approve minor or administrative changes to the Loan Agreement.)

City of Marco Island

City Council Minutes for August 20, 2001

Mr. Moss read, by title only, a Resolution to Authorize Changes to the Florida Municipal Loan Council Loan Agreement. There were no public speakers.

MOTION by Vice-Chair Minozzi to APPROVE THE RESOLUTION AUTHORIZING CHANGES TO THE MUNICIPAL LOAN COUNCIL AGREEMENT. Second by Councilman Boyce. Motion carried 4-0. (Councilman Pettersen absent.)

(G) DISCUSSION Five Draft LDC Ordinances

(Editorial History: The Planning Board has held numerous public hearings on proposed code sections and draft ordinances. The five attached ordinances submitted for discussion purposes have been reviewed by the Planning Board and recommended for approval by City Council as presented.)

Council members agreed that they will direct individual concerns regarding the Ordinances to Staff prior to the first reading of the proposed ordinances.

(H) DISCUSSION Set Date for Hearing Regarding SDP Approval of Belize Project.

(Editorial History: Representatives for the Cozumel Condominium Association and the Monterrey Condominium Association have requested a full and complete quasi-judicial hearing on the Citys administrative approval of the Site Development Plan (SDP) for the Belize project. City Council is requested to conduct a public hearing sitting as the Board of Zoning Appeals to hear the appeal raised by the above referenced parties to the decision rendered by K. Greg Niles, Community Development Director.)

MOTION by Chairman Tucker to SCHEDULE A SPECIAL HEARING ON SEPTEMBER 10, 2001 AT 6:00 P.M. FOR THE APPEAL OF STAFFS DECISION REGARDING SDP APPROVAL OF THE BELIZE PROJECT. Second by Vice-Chair Minozzi. Motion carried 4-0. (Councilman Pettersen absent.)

Attorney Ed Koester, representing Cozumel Condominium Association, advised that the appeal will take some time.

Attorney Greg Woods, representing Monterey Condominium Association, also advised that the appeal will take some time.

City of Marco Island

City Council Minutes for August 20, 2001

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilman Cowin inquired about reestablishing the Parks & Recreation Advisory Committee to which Mr. Moss responded that staff is waiting until more citizens return before selecting committee members.

Chairman Tucker voiced his support to continue the teen programs.

Mr. Moss advised that a closed session will need to be held to discuss negotiations with the Police Benevolent Association.

Chairman Tucker requested an agenda item on funding additional YMCA programs.

Vice-Chair Minozzi requested a discussion item on xeriscape and how to cut water usage. (Editors Note: This item will appear on a future agenda.)

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

Mr. Herb Savage, 816 Elkcam Circle, commented that the postal service has commissioned a stamp that is offensive to Veterans.

Mr. James Perry, CFO of Florida Water Services, commented on prior statements made regarding public safety issue concerns resulting from the sulfuric acid release on Marco Island.

There being no further business to come before City Council the meeting adjourned at 9:07 p.m.

(signature page to follow)

City of Marco Island

City Council Minutes for August 20, 2001

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E. Glenn Tucker, Council Chairman

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A. William Moss, City Manager/City Clerk

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Liz Carr, Secretary

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